PAUL OSWAL Vs. GOVIND PRASAD LATH AND

JUDGEMENT

(1.) This Rule is directed against an Order dated the 6th February, 1974 passed by Sri G. B. Ghosh, Additional Chief Presidency Magistrate, Calcutta, rejecting the accused-petitioners' application for discharge under section 253(2) of the Code of Criminal Procedure and for quashing the proceedings, being case no. C/749 of 1973, pending before the said learned Magistrate under sections 386, 467 and 471 of the Indian Penal Code.

(2.) A petition of complaint was filed in the Court of the Additional Chief Presidency Magistrate, Calcutta on 21.11.1973 by the complainant-opposite party no.1, Govind Prosad Lath, against four accused persons under section 386, 467, 471, 403 and 477A of the Indian Penal Code read with Section 120B of the Indian Penal Code. The prosecution case inter alia is that the complainant was appointed as a distributor under the accused no.2 Janak Raj Punni on a commission basis on the 14th June, 1966; that the accused no.2 is the proprietor of M/s. J. R. Trading Company which was appointed as the Sole Selling Agent in West Bengal of Messrs Vardhaman Spinning & General Mills Ltd.; having its office at 171A, Mahatma Gandhi Road, Calcutta and the accused no.1 Prakash Chandra Sharma is the Accountant thereof; that in course of his business as the distributor under the accused no.2 the complainant's commission on the said account amounted to about Rs.26,000/- on 31.3.1973 but he same remained unpaid; that on the 29th March, 1973 when the complainant refused to dispose of a stock of cotton years approximately valued at Rs.5,17,000/- lying in the godown of the accused at no.2, Digambar Jain Temple Road, Calcutta in the black market, he was surrounded and under threats of violence and severe injuries, was forced to sign a blank voucher of M/s. Vardhaman Spinning & General Mills Ltd. purporting to be a receipt for Rs.5,17,000/- and two blank letter-heads of the complainant; that the complainant, who came out after being assaulted, reported the matter to the police and also informed the Bureau of Investigation under the Ministry of Finance, Government of West Bengal about the misconduct and evasion of taxes etc. on the part of the accused persons; that as a result there of the department searched the office of the accused persons on 7.4.1973 and seized several documents including some books of accounts and other papers from different places; that the accused persons in pursuance of their conspiracy falsified and/or caused to be falsified books of accounts of M/s. Vardhaman Spinning & General Mills Ltd. by issuing bogus receipts from different parties on March 29, 1973 and false entries were made to implicate the complainant falsely in order to cause wrongful loss to him; that in collusion with each other the accused persons had falsified and/or forged or caused to falsify or forge the said blank voucher and letter-heads and the books accounts and converted the voucher for Rs.5,17,000/- on the basis whereof a case was instituted against the complainant in the Ludhiana Court; that the complainant had already moved the High Court at Chandigarh for quashing the said criminal proceeding and the matter is still pending; that the accused persons committed offences punishable under sections 386, 467, 471, 403 and 477A of the Indian Penal Code red with section 120B of the Indian Penal Code; and that the complaint could not be made earlier in the expectation that the police authority would move in the matter.

(3.) The learned Additional Chief Presidency Magistrate, Calcutta examined the complainant and one Chandrabati Prasad on S.A. and by his order dated the 21st November, 1973 summoned the accused nos.1 and 2 Prakash Chandra Sharma and Janak Raj Punni under sections 386, 467 and 471 of the Indian Penal Code and issued warrants of arrest against the other two accused persons under the same sections. A search warrant as prayed for was also issued. The accused persons thereafter appeared and were released on bail. On 11.2.1973, an application was filed on behalf of the accused no.4, Shri Paul Oswal for staying the proceedings pending before the learned Additional Chief Presidency Magistrate, Calcutta till the disposal of the criminal case pending before the Ludhiana Court or in the alternative for discharging the accused persons under section 253(2) of the Code of Criminal Procedure. In course of the arguments, the prayer for staying the proceedings was given up and that for discharging only was pressed. Sri G. B. Ghosh, Additional Chief Presidency Magistrate, Calcutta, ultimately by his Order dated the 6th February, 1974 rejected the prayer for discharge for reasons mentioned therein. The said order was impugned and the present Rule was issued along with an Order for interim stay of all further proceedings.