M S BANGA Vs. STATE OF W B

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner praying for quashing the proceeding of G.R. Case No. 1301 of 2002 and all orders passed therein, including orders dated 23.5.2003 and 6.6.2003 pending before the learned SDJM, Burdwan arising out of Burdwan (Sadar), P.S. Case No. 570 of 2002 dated 11.11.2002 in which charge-sheet under Sections 406, 467, 468, 420/120B was filed against the present petitioner being Chairman including a host of others connected with Hindustan Liver Ltd.

(2.) The O.P. No.2 lodged a complaint on 7.10.2002 before the learned SDJM, Burdwan against the present petitioner including others seeking direction from the Court to refer the matter to the concerned P.S. under Section 156(3} for registering the case and on receipt of the said complaint, Burdwan (Sadar) P.S. registered the case No. 570 of 2002 dated 11.11,2002 under Sections 406, 467, 468, 420/120B of f.P.C, treating the said complaint as FIR. In due course investigation was started and the I.O. after completion of investigation submitted charge-sheet against the present petitioner including others under Sections 406, 467, 468, 420/120B I.PC. and thereupon the learned Magistrate took cognizance of the offence and he issued warrant of arrest against the present petitioner including others. It is alleged in the complaint that O.P. No. 2 (complainant) between 1990 and 1991 started dealership of ice-cream in the Sub-Division of Asansol and its adjacent areas under an agreement with the M/s. Kwality tee-Cream India Pvt. Ltd. and during continuance of such business in the year 1995 the business of Kwality Ice-Cream Indian Pvt. Ltd. was taken over by M/s. Brooke Bond Lipton India Ltd., a sister concern of M/s. Hindustan Liver Ltd., Calcutta and as a result, the security diposit of M/s. Kwality Ice-Cream India Pvt. Ltd. was transferred to M/s. Brooke Bond Lipton India Ltd. and O.P. No. 2 continued this business under M/s. Brooke Bond Lipton India Ltd. till the end of the year 1998. Thereafter, the Regional Commercial Manager of Hindustan Liver Ltd. issued a letter on 6.2.1998 and appointed M/s. Bengal Agency run by the proprietor O.P.No. 2 as the authorized distributor of Ice-Cream in the District of Burdwan, Purulia, Bankura and Birbhum. Thereafter by the end of 1998 petitioner was called at the office of M/s. Brooke Bond Lipton India Limited and Hindustan Liver Ltd. and advised by them to invest substantial fund for development of infrastructure so that he could earn huge profit. The petitioner/O.P. No. 2 being convinced initially invested Rs. 10 lacs and thereafter invested another Rs. 15 lacks by borrowing from Bank for development of the said business. Unfortunately the business run by him suffered loss and in the meantime the discount allowed to him was curtailed from 15 percent to 10 percent. Since the business of the O.P.No. 2 ran at loss, he approached the accused persons for rectification of its road map, plan etc. for development of his business earning the profit. But O.P. No. 2 was asked to continue the business till any further approval was obtained from the Head Office of the H.L.L, However, inspite of continuing the business the O.P.No.2 suffered huge loss as the Hindustan Liver Ltd. did not settle the dues or credit notes of O.P.No. 2 and return the security deposit amount of Rs.15 thousand. "The O.P.No. 2 complainant on several occasions moved the company for taking immediate steps but, suddenly distributorship of the O.P.No.2 was cancelled unilaterally and it was given to M/s. Khaitan Agency of Asansol. The accused persons named in the complaint persuaded the O.P.No.2 (complainant) to continue with its distributorship making false promises which at that point of time they had no intention to honour and thereby they had committed breach of trust. That apart, agreement entered into by O.P.No. 2 (complainant) with the accused persons was never made overto him. On the contrary various terms were incorporated in such agreement in hand writing in the year 2001 by tampering the same with an ulterior motive to evade their responsibility of making payments to O.P.No. 2 complainant (agreement Annexure H). So prayer was made in the said complaint for prosecuting the accused persons under Sections 406, 467, 468, 420/120B of the IPC,

(3.) The I.O. after completion of the investigation on the basis of this complaint filed by O.P.No. 2 submitted a charge sheet against the present petitioner including others stating that the complainant invested Rs. 25 lacs for the business of distributorship of Kwality Ice-Cream but, the Hindustan Liver Ltd. did not pay the profit assured to the complaint inspite of several reminders. On the contrary the distributorship was given to M/s. Khaitan of Asansol without any notice to him and as a result complainant (O.P.No.2) suffered a loss of Rs. 15 lacs.