ASHOKE GHOSH Vs. DILIP KUMAR ARI

JUDGEMENT

(1.) This revisional application has been filed with the prayer for quashing the proceedings arising out of Complaint Case No. 829 of 2012 pending in the Court of the Learned Metropolitan Magistrate, 16th Court at Calcutta. Cognizance in the said case was taken by the Learned Court in respect of the offences under Sections 465/468/471/420/477A /403/120B/34/114 of the I.P.C. The complainant in the case was one of the Directors of the company "Matri Kalyan Nursing Home Pvt. Ltd." having its registered office at 14 Ultadanga Road, Police Station Burtala. It has been made out that the Company at the time of its inception had three Directors including the complainant, the present petitioner who is accused no. 1 in the complaint, and a third person, namely Susanta Chandra. Each of the three Directors had shares totalling 300 in all, and individually held 100 shares each.

(2.) The petitioner/accused no. 1 being a Doctor and well versed in medical matters was accordingly entrusted with the job of running the Nursing Home located at Katwa in the District of Burdwan. The allegation of the complainant was that the same is established on the land and building belonging to all the three Directors jointly. It may be mentioned that the other accused persons in the Complaint case, who are not the petitioners here are stated to be wife of the petitioner (accused no. 2), its two Managers (accused nos. 3 and 4) and the Chartered Accountant entrusted to look after the Accounts related matters of the Nursing Home (accused no. 5).

(3.) A number of allegations have been made out in the original complaint to the effect that the accused persons have defalcated the proceeds generated through running of the Nursing Home. It has been further alleged that while the petitioner had been entrusted to look after day to day administration of the Nursing Home, he prevented the other Directors from entering the premises, and also put the chamber of the Managing Director located in the premises under lock and key, apart from taking away valuable documents pertaining to the establishment and running of the Company forcibly.