ARUP LAL MUKHOPADHYAY Vs. SHANAKAR CHANDRA DASGUPTA

JUDGEMENT

(1.) The Petitioners have filed this Revisional Application under section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings being Complaint Case No. 1450 of 2007 under sections 420/468/471/120B of the Indian Penal Code pending before the Court of the learned Metropolitan Magistrate , 13th Court, Calcutta.

(2.) The Petitioner No. 1 was the Manager of M/s. Wilson Surveyors and Adjusters Pvt. Limited. The Petitioner No.2 was the Managing Director of M/s. Wilson Surveyors and Adjusters Pvt. Limited. The Petitioner No.4 is the Manager, Claims and Recovery of M/s. Wilson Surveyors and Adjusters Pvt. Limited. The Petitioner No.3 is the Deputy General Manager of M/s. Wilson Surveyors and Adjusters Pvt. Limited. The Opposite Party was also the Director of M/s. Wilson Surveyors and Adjusters Pvt. Limited. The Opposite Party filed the petition of complaint against the Petitioners on the allegation that the Petitioners used to prepare fake reports on behalf of the parties for making insurance claim. The present Petitioners preferred two revisional applications before the High Court for quashing the criminal proceeding started against the Petitioners by the Opposite Party. However, the said Revisional Applications being CRR No. 1425 of 2007 and CRR No. 3487 of 2007 were disposed of on 20th May, 2011 without quashing the instant criminal proceeding pending against the Petitioners.

(3.) It is submitted by learned Counsel of both parties that the Opposite Party started one suit against some of the Petitioners and others claiming damage and compensation for malicious prosecution. The Hon'ble Single Bench of this Court by an order dated 10th March, 2011 passed in C.S. No. 240 of 2008 gave direction for deleting the names of the shareholders of the Company from the said suit as there was no cause of action against those shareholders.