JASWANT SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 482 of the Code of Criminal Procedure for quashing of a criminal proceeding being CGR Case No. 1690 of 2017 pending before the Learned Chief Judicial Magistrate Alipur, South 24 Pargans, arising out of South Port Police Station case No. 75 of 2017 dtd. 22/4/2017 u/s 420/406/120B IPC.

(2.) The brief fact of the case is that the present opposite party No. 2 has lodged a written complaint with the South Port Police Station against the present petitioner and pursuant thereto the South Port Police Station Case No. 75 of 2017 dtd. 22/4/2017 was started.

(3.) The brief fact of the FIR is that on 17/8/2011 the petitioners had requested the opposite party No. 2 for financial assistant, on further repeated persuasion the petitioner No. 2 gave a sum of Rs.20,00,000.00 vide Account Payee Cheques issued from his concern namely 'Jaiswal Enterprise' in favour of 'Punjab engineering'. It has been alleged that petitioners had promised to pay a sum of interest to the tune of 24% per annum and the said sum transfer to them on the dame date. Thereafter the OP 2 had made several requests for returning the same amount and accrued interest but the petitioner No. 2 being the sole properitoress of 'Punjab Engineering' refrain from making such payment instead of TDS was shown of interest and deposited with the Income Tax Authorities with acknowledged the loan to the concern of the petitioner No. 2. The payment of the TDS was not continued by the petitioner No. 2. No sum repaid to the petitioner No. 2 and it has been alleged that he was cheated to the tune of Rs.63,73,730.00.