SOUMENDRA KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the applications have taken up together for passing a common order as the issues, involved in both the Revisional applications, are same and identical.

(2.) A letter of complaint was filed by the opposite party no. 2 on behalf of himself and other investors before the Special Additional Commissioner of Police, Joint Commissioner of Police (Crime), Detective Department, Lalbazar, Kolkata on 27/7/2015 with an allegation that he along with 16 other investors have invested their hard earn money to the company, namely, IFB Finance Limited in the year 1996 on fixed deposited scheme. Even after maturity, the said Finance Company neither returned the principal amount nor interest accrued therein. As such, they suffered monetary loss to a great extent resulted in registration of a First Information Report being Shakespeare Sarani Police Station Case No. 287 dtd. 14/8/2015 under Ss. 420/406/120B/506 of the Indian Penal Code, 1860 against three accused persons, namely, (i) Bijon Nag, Chairman and Managing Director of IFB Finance Limited, (ii) Soumendra Kumar Biswas, (petitioner herein), Executive Managing Director and (iii) N. Punnyaswami, Managing Director of IFB Finance Limited and initiated investigation.

(3.) After culmination of investigation, the Investigating Officer filed Closure Report being No. 18/2017 under Ss. 420/406/120B/506 of the Indian Penal Code, 1860 before the Learned Chief Metropolitan Magistrate at Calcutta thereby declaring the case to be civil in nature on 30/4/2017.