SEKHAR NATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 28.7.2011 passed by the learned Metropolitan Magistrate, 7th Court, Calcutta, to the extent it directs framing of charge under section 203 of the Indian Penal Code against the petitioner, has been assailed.

(2.) The prosecution case as alleged against one Dinesh H. Shah, one of the trustees of the Calcutta Gujrati Education Society (hereinafter referred to as 'Society'), J.K. Majitata, an office bearer of the said society, Indrajit Chatterjee, proprietor of one M/s. Chatterjee's, one Subash Chakraborty, a former Branch Manager of Bank of Baroda, Prince Anwar Shah Road Branch, and the petitioner who had joined the said branch on 1st March, 2001 to the effect is that the society through its trustees had opened Term Deposit Account with the aforesaid Bank of Baroda, Prince Anwar Shah Branch, to the tune of Rs.50,00,000/- being Account No. 4345 and T.D.R. No. 95/D-0164552 dated 24.4.2000 which was to mature on 24.4.2003. According to the constitution of the Society, there is no provision to take loan against term deposits maintained by the Society in various banks. Notwithstanding such provision, it appears lien had been created against the aforesaid term deposit and a loan of Rs. 40,00,000/- was sanctioned by the said branch against the said term deposit. In view of the aforesaid facts, on 09.04.2001, one Mr. J. K. Majitata addressed a letter to the petitioner, as Branch Manager of Bank to confirm in writing that no lien has been made against the aforesaid term deposit and that the Bank will not entertain any such lien against the same in future. In response to such letter, the petitioner, on 18.4.2001, stated that there is no lien on the said fixed deposit as on that date.

(3.) Thereafter on 10.7.2001, the Society by another letter to the petitioner informed him that it had not received any acknowledgement from the latter and intimated him that they had come to know from reliable sources that lien was created on the aforesaid term deposit and a loan of Rs. 40,00,000/- had been sanctioned to M/s. Chatterjee's. On 24.07.2001, the petitioner wrote back to the Society that D. H. Shah, one of the trustees of the Society, had requested the Bank for loan of RS.40,00,000/- to M/s. Chatterjee's, a proprietorship concern of Indrajit Chattrjee and that Mr. Shah submitted a resolution dated 9.5.2009 in support thereof. The petitioner also disclosed that Mr. Shah had placed a resolution of the Board of Trustees held on 21.4.2000 sanctioning such transaction.