CHITTARANJAN MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceeding being G.R. No. 2215/2015 arising out of Kolaghat Police Station Case No. 501/2015 dtd. 18/8/2015 under Ss. 406/420/409/34/120B of the Indian Penal Code, 1860, presently pending before the Court of the Learned Chief Judicial Magistrate, Purba Medinipur.

(2.) The petitioner's case is that on the basis of a petition under Sec. 156(3) Cr.P.C. the present case being Kolaghat Police Station Case No. 501/2015 under Ss. 406/420/409/34/120B of the Indian Penal Code was initiated.

(3.) The allegations in the petition of complaint is to the effect that the accused persons are the office bearers of one Adorable Agrotech Limited having its Head Office at 3rdfloor, 195 Rashbehari Avenue, Kolkata - 700 019. The said company also had its branch offices at 4thfloor, Shantipur, Mecheda New Nivedita Nursing Home, Pin- 721137; Park Point Hotel beside State Bank of India, Mecheda Branch. The accused no. 1 was the Director, accused no. 2 was the Managing Director and the accused nos. 3 to 12 were the members of the board of directors of the said company. The accused no. 1 and 2 also functioned as the area managers and looked after all the branch offices within the district of Purba Medinipur. The said company advertised that upon investing in their company, the investors will get return of double or triple of the invested amount within very short period of time. Influenced by such advertisements, the Opposite Party No. 2 and other people contacted the branch office of the said company, situated at Shantipur, Mecheda, where accused no. 8, the area manager explained about many schemes and influenced the Opposite Party No. 2 to invest money in the said company. The accused nos. 1/2/4/6 told the Opposite Party No. 2 that upon investing in their company, the Opposite Party No. 2 would get more money over a short period of time and also promised that the board of directors of the said company will also help the Opposite Party No. 2 to manage his investments in future. Cajoled by their words, the Opposite Party No. 2 on 19/10/2011 invested a sum of Rs.1,47,000.00 in the said company in 21 installments of Rs.7,000.00 each which was due to mature on 14/10/2014. The Opposite Party No. 2 was issued 21 certificates to that effect. Upon maturity of the investment, when the Opposite Party No. 2 approached the said company to get his maturity amount, the area manager informed him that to get the maturity amount the entire certificates of the Opposite Party No. 2 had to be sent to the Head Office. The Opposite Party No. 2 , believing the words of the area manager, deposited all the original certificates and after waiting for a few days, contacted the chairman and managing director of the said company, who kept delaying the payment on different pretext. Lastly in the month of November, 2014 when the Opposite Party No. 2 went to the Mecheda Branch Office and the Head Office of the said Company, he found both the places under lock and key. The Opposite Party No. 2 tried to contact the accused persons by various means but could not. Later he understood that he had been cheated by the accused persons. The Opposite Party No. 2 at a later stage came to know that the accused persons had procured crores of money from public at large by defrauding them.