G. VENKATESH BABU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure challenges the propriety and legality of the proceeding being C.R. Case No. 11 of 2019 under Sec. 418/420/120B/34 of the Indian Penal Code, 1860, pending before the learned Judicial Magistrate, 1stCourt, Siliguri.

(2.) Briefly stated, G. Venkatesh Babu and L. Madhusudhan Rao, petitioners herein have been arrayed as accused persons no. 2 and 3 being the Managing Director of Lanco Infratech Limited and whole time Director of the said company, by the complainant/opposite party no. 2. It is alleged that the complainant used to supply dissolved acytelene oxygen industrial cylinders to the construction site of the accused persons at Sirwani, Singtham. But in the breach of understanding the company Lanco Infratech Limited failed to return the empty cylinders and denied the obligation by simply stating that they never received the said cylinders. Thereby the accused company misappropriated the cylinders of the company worth Rs.38,66,500.00.

(3.) Aggrieved complainant filed a petition of complaint against the accused persons which was registered as C.R. Case no. 459 of 2017. learned Judicial Magistrate, 3rdCourt having taken cognizance, was pleased to issue summons against the accused persons and accused nos. 1, 2 and 3 convinced the complainant that they would pay Rs.29,02,550.00 in instead of Rs.38,66,500.00 by seven installments. Incidentally they paid Rs.12,00,000.00 in one go, and they promised to pay the balance amount of Rs.17,02,550.00 in six equal monthly installments starting from March, 2018 to August, 2018 upon withdrawal of the complaint case. The complainant was thus induced by accused nos. 1, 2 and 3 to enter into an agreement and pursuant to such agreement the learned Judicial Magistrate, 3rdCourt, Siliguri was approached by filing an application dtd. 27/7/2017 to pass necessary order pursuant to the settlement out of the Court.