SHEKHAWATI ENTERPRISES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for cancellation of bail under Sec. 439(2) of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C) granted in favour of private opposite parties No.2-4 by the learned Additional Chief Metropolitan Magistrate-2, Calcutta in Bowbazar Police Station Case No.191 of 2018 dtd. 25/6/2018.

(2.) The petitioner filed a complaint before the court of the learned Magistrate seeking for a direction under Sec. 156(3) of the Cr.P.C for investigation under chapter (XII) of the Code against the opposite parties as well as other accused persons. The private opposite parties are office bearers of M/s Amrit Hatcheries Pvt. Ltd, a company incorporated under the Companies Act. The petitioner being the sole proprietor of Shekhawati Enterprises used to supply maize to M/s Amrit Hacharies Pvt. Ltd. However, the private opposite parties being the office bearers of the accused No.1 company did not pay the petitioner its dues amounting to Rs.14,49,18,486.00. Nonpayment and perceived misappropriation of money led the complainant to lodge a complaint before the learned ACMM-2, Calcutta under Sec. 156(3) of the Cr.P.C. On the basis of the said complaint Bowbazar P.S Case No.191 of 2018 dtd. 25/6/2018 under Ss. 120B/420/506(II) of the Indian Penal Code was registered. On 17/5/2018, the petitioner filed another complaint under Sec. 156(3) of the Code before the Learned Judicial Magistrate at Alipore, South 24 Pgs against the above named opposite parties and their company more or less on the same allegation for nonpayment of a sum of Rs.2,52,25,138.00. On the basis of the said complaint police registered Ballygunge P.S Case No.75 dtd. 20/5/2018 under Ss. 120B/420/406/506 of the IPC. In connections with Ballygunge P.S Case No.75 of 2018 the private opposite parties filed an application for anticipatory bail which was registered as CRM No.3807 of 2018 before this Court and by an order dtd. 19/6/2018 the prayer for anticipatory bail of the opposite parties were allowed. The opposite parties also filed another petition for anticipatory bail in connection with Bowbazar P.S Case No.191 of 2018 which was registered as CRM No.4821 of 2018. Upon certain conditions, an interim order was passed in favour of the opposite parties directing the police authority not to arrest them on condition that they would meet the Investigating Officer once in every week till the disposal of the application for anticipatory bail. The private opposite parties however did not comply with the said condition and failed to meet the I.O as directed by this court. On 11/10/2018 the opposite parties filed supplementary affidavit explaining the circumstances as to why they were unable to attend the Investigating Officer and also giving assurance that they would deposit some amount due to the petitioner. As the opposite parties failed to comply with the directions passed by this Court, CRM 4821 and 2018 was rejected vide order dtd. 4/12/2018. The opposite parties challenged the said order of rejection of the prayer for anticipatory bail by filing a special leave petition before the Hon'ble Supreme Court of India in SLP (Criminal) No.10815 of 2018. Vide order dtd. 15/1/2019 the Hon'ble Supreme Court dismissed the said special leave petition.

(3.) Under such circumstances, the petitioner herein filed an application which was registered as CRM 1080 of 2019 of 22/1/2019 praying for cancellation of pre-arrest bail of the private opposite parties passed by this Court in CRM No.3807 of 2018. In course of hearing of CRM 1080 of 2019 this court by an order dtd. 29/3/2019 directed the private opposite parties to surrender and seek regular bail within seven days. On 5/4/2019 the opposite parties surrendered before the jurisdictional magistrate with a prayer for bail. Such prayer for regular bail was allowed by the learned Additional Chief Metropolitan Magistrate-2, Calcutta. In the mean time, charge-sheet was submitted in Bowbazar P.S Case No.191 of 2018 against the opposite parties on 13/7/2021 showing the private opposite parties as absconders. The learned Additional Chief Metropolitan Magistrate-2, Calcutta took cognizance of offence on the basis of charge-sheet and transferred the case to the court of the learned Metropolitan Magistrate, 12th Court at Calcutta. On 15/7/2021 the learned Magistrate, 12 Court at Calcutta issued non-bailable warrant of arrest against the private opposite parties. On the self same day, opposite parties surrender before the learned trial court by put up petition and the learned Magistrate released them on bail. The present application is for cancellation of the order of bail passed by the learned trial court on 15/7/2021.