ABDUL HALIM SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of read with 397/401 of the Code of Criminal Procedure for quashing a proceedings in connection with G.R. no.1267 of 2017 arising out of Domjur P.S. Case No.171 of 2017 dtd. 3/3/2017 under Sec. 420/406/381/409/120B of the Indian Penal Code pending before the Learned Chief Judicial Magistrate, Howrah(Sadar).

(2.) The brief fact of the case is that on the basis of a written complaint of one Rohit Chowdhury, Director of T.C. Motors Private Limited Domjur P.S. Case No.171 of 2017 was initiated against one Surajit Bej. The statement of the complaint in a nutshell, that Surajit Bej is one of the employees of the T.C. Motors Private Limited in the post of Insurance incharge, he had fraudulently siphoned of a sum of Rs.25,00,000.00 and mis-appropriated the said amount from the period of March 2016 till the date of complaint. It was alleged in the complaint that Surajit Bej was entrusted by the company to collect premium amount from the customers for the company and deposit the same either to the Insurance Company or to the complainant company. He collected the premium amount from different customers and dishonestly mis-appropriated the funds for personal used without being it deposited either to the Insurance Company or the complainant company.

(3.) During the course of investigation the accused Surajit Bej was arrested and during his police remand he made a confessional statement that he has committed the crime in conspiracy with the present petitioner nos.1 and 2. After conclusion of investigation the charge-sheet has been submitted against the Surajit Bej and the present petitioners showing the petitioners to be absconder.