SATYABRATA SAHA Vs. STATE

JUDGEMENT

(1.) By the present application under Section 482 of the Code of Criminal Procedure the petitioner has prayed for quashing of the F.I.R. being Shakespears Sarani Police Station F.I.R. No. 235 dated 6.7.2003 under Section 120-B/406/420 of the Indian Penal Code corresponding to G.R. No. 1759/03 including the order of the learned Chief Metropolitan Magistrate, Calcutta in Case No. 2872 of 2003 passed in an application under Section 156 (3) of the Code of Criminal Procedure.

(2.) The facts leading to filing of the instant application under Section 482 of the Code of Criminal Procedure may briefly be stated as follows. The present opposite party No. 2 complainant Debasish Saha, Regional Manager, Gulf Oil Corporation Limited (Lubricants Division) filed a petition of complaint under Sections 406/420 read with Section 120B of I.P.C. against the present petitioner Satyabrata Saha and his father Amarendra Saha before the learned Chief Metropolitan Magistrate, Calcutta, alleging inter alia that the Complainant's Company appointed the accused petitioner proprietor of M/s. S.B. Enterprises of Arundhuti Nagar, Agartala, West Tripura as its agent and consignment stockist and the accused petitioner was entrusted to hold stock of the company's product and he was responsible and was bound to receive the company's stock as agent. Further allegation made in the complaint is that in course of business the company delivered lubricants to the accused petitioner. On 21.3.02 the accused petitioner made a proposal over fax to the company that he wanted to make a revised price of 11.732 K.L. out of the said stock and upon confirmation by the Complainant's Company he would invoice the said stock in favour of M/s. S.B. Enterprises. On that very date i.e. on 21.3.02 the Complainant's Company in their reply to such fax of the accused petitioner refused to accept the said proposal. On the same day they asked the accused to leave the stock at the present price and alternatively the stock was to be sent to the Guwahati Depot. Thereafter the Complainant's Company came to know that the said accused without any permission and/or authority entered into conspiracy and transferred the said stock worth Rs. 12 lacs to the account standing in his name and in the name of a firm A.S. Enterprises of which his father was the proprietor for their personal gain. Inspite of repeated demands the accused did not return the said goods nor he made any payment to the company. It has been further alleged by the complainant that on 19th June, 2002 their company through its representative made a physical inspection of the stock held by the accused petitioner for the purpose of statutory sales tax assessment and on such inspection a stock of 8954 liters of lubricants worth Rs. 5 lacs had been found to be in possession of the said accused.

(3.) On prayer of the complainant the learned Chief Metropolitan Magistrate, Calcutta, sent the said complaint to O.C. Shakespears Sarani to cause an investigation into the matter after treating the same as F.I.R.