JAI KUMAR GOYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revision application has been filed with a prayer for quashing a First Information Report lodged before Electronics Complex, Police Station Case No. 03 of 2016 dtd. 6/1/2016 under Sec. 418/420/406/506/34/120B of the Indian Penal Code.

(2.) The proceeding arose out of an application under Sec. 156(3) of the Code of Criminal Procedure (for short CrPC) filed by the opposite party no. 2 alleging, inter alia, that petitioners approached the opposite party no. 2/ company to provide security personnel to be deployed at the site office at Kurunti P.O Moutunga, District-Dhenkana, Odisha. To that effect the deal was taken place in the office of the opposite party no. 2 who then provided the security service to the petitioners company as per work order dtd. 13/9/2011. From then on opposite party no. 2 started providing its service by deploying security personnel as per work order for the period between 10/10/2011 to 31/5/2013. But, the petitioners did not make the payment of all sums in the manner provided in the work order dtd. 13/9/2011 in spite of repeated reminders. Thereby, petitioners/ accused had entered into a deep rooted criminal conspiracy amongst themselves to cheat the opposite party no. 2/ complainant. The petitioners/accused, thereby, induced opposite party no. 2/complainant to invest a huge sum with false and fake promises. As a last resort, representative of the opposite party no. 2/ complainant company visited the office of the petitioners/accused for a amicable settlement but the accused along with other officials of their company pounced upon the representative of the opposite party no. 2/complainant and abused in filthy languages even with threat of life in case of further visit at their office.

(3.) The said complaint under Sec. 156(3) of CrPC was forwarded to Electronic Complex Police Station where the same was registered under FIR no. 03 /16 dtd. 6/1/2016 under Sec. 418/420/406/506/34/120B of the Indian Penal Code and the case was put into investigation. Argument Advanced:-