POBITRA GOGOI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners herein have preferred the present application being aggrieved by the impugned proceeding i.e. complaint case no. CS/39131/2023, presently pending before Judicial Magistrate, 13th Court Calcutta.

(2.) Pursuant to a petition of complaint under Sec. 200 of the Code of Criminal procedure preferred by the opposite party herein, the court below issued process against the petitioners herein under Sec. 406/420/120B/34 of the Indian Penal code.

(3.) The allegations made in the written complaint is that petitioner no.1 had approached the opposite party no.2, for financial assistance in the form of a loan for purchasing a vehicle, after agreeing to repay the loan along with interest as per the terms and conditions of the loan agreement. The opposite party no.2 believing the assurance of the petitioner no.1 had disbursed the loan in his favour and the petitioner no.2 signed and executed the said loan agreement as a guarantor. It is further alleged in the complaint that thereafter the petitioner no.1 had repaid some of his legal liabilities and debts to the opposite party but till date a sum of Rs.7,10,147.00 from the total loan amount remains unpaid by the petitioner no.1. It is further alleged in the complaint that in spite of receiving the demand notice, petitioner failed to repay the outstanding amount and thereby the petitioners have defrauded the opposite party no.2, causing wrongful loss of Rs.7,10,147.00 to the financial institution.