RAKESH SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have been arraigned as accused persons in G.R. case no. 1058 of 2022 arising out of Baranagar P.S. Case no. 72 of 2022 dtd. 4/2/2022 under Sec. 406/420 of the Indian Penal Code filed against the petitioners presently pending before the learned Additional Chief Judicial Magistrate, Barrackpore. The petitioners have prayed for quashing of the aforementioned criminal case instituted against them.

(2.) On the basis of written complaint submitted by the opposite party number 2 alleging inter alia that he has business in trading gold from different traders. After making jewelry out of such gold, he used to accept gold bullions/ bars from the traders and supply as per the order. In course of such transactions, he came to know about the petitioner no. 1 who runs a firm in the name and style of 'Samraj Traders'. In 2017 they started their business transaction where petitioner no. 1 used to give orders of making gold jewellry to the opposite party no.2 and he used to supply the same to petitioner no.1. Petitioner no.2 is the father of petitioner no.1, petitioner no.3 is an employee of Samraj traders and petitioner no.4 is the matrimonial relation of petitioner no. 1. It is alleged by the defacto complainant that he had delivered the gold ornaments to petitioner no. 1 in time but he started deferring issuance of gold for the purpose of making the ordered ornaments. The defacto complainant has supplied petitioner no.1 gold ornaments weighing 21,544.764 Kgs and he delivered 13,483.440 Kgs of gold. As such the defecto complainant is entitled to 8,061.324 Kgs of gold from the petitioner no.1.

(3.) It is pertinent to mention here that the petitioner no.1 had lodged an FIR against the opposite party no.2 before L.T. Marg police station on the basis of which case No. 171 of 2019 dtd. 28/5/2019 under Sec. 409/120B of the IPC was registered. It is alleged in the written complaint that the opposite party No.2 took a total of 20480.0 grams of pure gold worth about Rs.6,73,66,069.00 but did not give any jewellery to the petitioner No.1. Charge-sheet has been filed dtd. 15/8/2020 against the opposite party No.2 and others and trial is going on.