HDFC BANK LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 of the Criminal Procedure Code challenges the proceedings in connection with Jadavpur P.S. Case No. 657 of 2009 dtd. 4/12/2009 corresponding to B.G.R. Case No. 6081 of 2009 pending before the learned Additional Chief Judicial Magistrate, Alipore registered under Ss. 392/323/506(II)/120B of the Indian Penal Code.

(2.) Briefly stated, the opposite party no. 2, Sunil Kumar Sharma filed a petition of complaint before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas stating, inter alia, that in the year 2005 he purchased a TATA Indica Car registered as WB-02U- 5816 from Lexus Motors with the financial assistance of HDFC Bank Auto loan bearing no. 1828547. The loan was agreed to be repaid in 60 installments for a sum of Rs.6327.00 each. The complainant accordingly issued post dated cheques. Thereafter, the Bank through its agent approached the complainant to avail personal loan to tune of Rs.90,000.00 and it was availed of on agreed terms and conditions.

(3.) It is further contended that for some extreme financial crisis some cheques of the complainant got dishonoured and he informed the bank. The bank assured him to co-operate in such a situation. On 21/8/2009 at about 10 a.m. he received a phone call from a person who introduced himself as Anirban and stated that he wanted to develop a business relationship with the complainant and expressed his desire to meet him. Being requested by said Anirban the complainant sent his car by the driver to pick him up from near Siraj Restaurant. The driver, Amarjit Kumar Roy left for the destination at about 11 a.m. At about 12 noon, the accused no. 2 along with some unknown persons entered inside the said car forcibly by using muscle power, assaulted the driver, snatched the key of the car and fled away. There was a sum of Rs.12,000.00 in the Dash Board of the car. At about 12- 12.30 p.m. the driver Amarjit Kumar Roy informed the complainant about the incident. The complainant rushed to the place of occurrence and took the driver to M.R. Bangur Hospital, the complainant informed the Jadavpur Police Station and Jadavpur P.S. G.D. Entry 1790 dtd. 21/8/2009 was registered. But no action was taken. On 22/8/2009 the complainant received a letter from Bank admitting the factum of taking possession of the car of the complainant. On 25/8/2009 again a letter was received from the bank.