DINESH SHERAWAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The application under Section 482 of the Code of Criminal Procedure,1973 (for short CrPC) has been filed with a prayer for quashing of the proceeding being CS case no. 0030362/2015 under Section 418/420 of the Indian Penal Code,1860 (for short IPC), pending before the Ld. Metropolitan Magistrate, 6th Court, Calcutta.

(2.) The facts of the case in brief are that the opposite party being M/s. Transafe Services Limited (formerly known as Indian Container Leasing Limited) a company incorporated under the Companies Act, 1956, filed an application under Section 200 of CrPC before the Ld. Chief Metropolitan Magistrate, Calcutta, against the petitioner/accused alleging, inter alia, that the complainant company engaged in the business of providing containers on operating lease basis. On being approached by petitioner/accused, opposite party/ company entered into a lease agreement with the petitioner/accused on 15.10.1999 with the assurance of the petitioner/accused to make regular payment of lease rentals in time and returned the assets to the opposite party /company as an when they would be requested by the opposite party/ company to do so. Since April, 2012 petitioner/accused started defaulting in paying the lease rentals to the opposite party/company. Opposite party/company sent demand notice on 29.07.2015 requesting the accused to liquidate the outstanding within stipulated period and thereby an outstanding principal lease rental of Rs. 19,99,675/- ( rupees nineteen lakh ninety nine thousand six hundred seventy five only) along with late payment charges and compound interest at monthly rest made it to a total sum of Rs. 1,40,67,683.25/- (one crore forty lacks sixty seven thousand six hundred eighty three and twenty five paise only).

(3.) It is alleged that petitioner/accused neither pay any heed to the notice nor made any payment and thereby committed an offence under Section 418/420 of the IPC.