SHYAMA PRASAD AGARWALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure is filed by the petitioners seeking quashment of the proceeding of G.R. Case No. 561 of 2020 corresponding to Alipurduar Case No. 116 of 2020 dtd. 7/3/2022 under Sec. 380/420/406/467/468/471/477A/120B/34 of the Indian Penal Code.

(2.) Briefly stated, Sri Sanjoy Pramanik, Manager (Garden) Patkapara Tea Estate of Dooars Plantation and Industrial Limited, Alipurduar informed the Inspector-in-charge of Alipurduar in writing that the accused persons Shayma Prasad Agarwal, Naresh Agarwal and Piyush Agarwal were the erstwhile Directors and in active control over the management of Dooars and Plantation and Industries Limited (hereinafter referred as 'DPIL'). They owned tea gardens under the name and style "Patkapara Tea Estate". The other accused persons namely Manju Agarwal, Vinay Agarwal, Anushree Agarwal, Vrinda Agarwal, Pankaj Bhognagarwala and Amit Bhognagarwala are their relatives and family members. The accused persons were in-charge of day to day running of the said company till the month of January 20, 2017.

(3.) It is alleged that the company DPIL was holding an amount of Rs.45,35,652.00 as cash in hand as on 31/3/2017. The said amount was reflected in the Books of accounts of the company. The accused persons have withdrawn a sum of Rs.27,08,475.00 from the said account but the accused persons neither repaid nor accounted for the amount to the company. This issue was highlighted in the annual and accounts report of 2017 and 2018 but the accused persons did not care to take appropriate action.