LAWS(CAL)-2023-11-21

RAM BABOO BANSAL Vs. STATE OF WEST BENGAL

Decided On November 29, 2023
RAM BABOO BANSAL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Facts of the case:- 1. Opposite party no. 2, Smt. Radha Bansal lodged a written complaint dtd. 2/1/2021 with the Inspector-In-Charge, Asansol Police Station and the same was treated as the F.I.R. thereby giving rise to the instant proceeding being Asansol South Police Station case No. 03 of 2021 dtd. 2/1/2021 under Sec. 420/467/468/471/406/120B of the Indian Penal Code (for short IPC).

(2.) In the written complaint it was alleged inter alia that Mr. Jay Prakash Bansal (husband of opposite party no. 2) (for short J.P. Bansal) since deceased along with his brothers were dealing with a business styled as Mining Associates Pvt. Ltd. Atwal Nagars, Garai Road, Asansol and during his lifetime he executed a 'will' on 3/3/2015 in respect of his 13.86% share of the aforesaid business in favour of the defacto complainant to enjoy the share of his business in her life time and after that his son Anish Bansal was to become the owner of the said share.

(3.) After death of her husband, J.P. Bansal on 6/2/2018, the defacto complainant claimed herself as legal share holder of the business of her husband in the said company. At that time one Sanjay Bansal son of Ram Babu Bansal, one of the partners of the said business produced one letter of Gift dtd. 1/1/2018 reportedly executed by the husband of the defacto complainant in his favour and claimed himself to be the owner of the shares held by J.P. Bansal. Later on, the defacto complainant arranged to verify the signature of her husband on the letter of Gift dtd. 1/1/2018 by Private Forensic Document and Fingerprint Expert who opined that the signature on the letter of Gift dtd. 1/1/2018 and share Transfer Form are forged one and thereby accusation of commission of offence of cheating and misappropriation of property was levelled against the alleged persons.