LAWS(CAL)-2006-11-77

NIRMAL KUMAR BHUTORIA Vs. STATE OF WEST BENGAL

Decided On November 27, 2006
NIRMAL KUMAR BHUTORIA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This revisional application under Section 482, Cr.P.C. is for quashing the proceeding in G.R. No. 1170 of 2005 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta arising out of Burrabazar Police Station case No. 203 dated 29th September, 2005 under Section 120B/467/468/420/ 506(ll) of the Indian Penal Code.

(2.) The aforesaid P.S. case was on the FIR drawn up by police at the police station on the de facto complainant's complaint dated August 26, 2005 before the Officer-in-Charge Barabazar Police Station against Sri Nirmal Kumar Bhutoria read with the complaint dated 27th July, 2005.

(3.) The de facto complainant Kusum Bhutoria lodged the written, complaint dated 27th July, 2005 before the Officer-in-Charge, Burrabazar Police Station against Sri Nirmal Kumar Bhutoria with the allegation that the said Nirmal Kumar Bhutoria put the defacto complaint's signature on the partnership declaration form, the authorisation letter dated 5th October, 2004 and the account opening form and other Bank papers for securing a loan from Tamilnad Bank Limited situated at Ganesh Market Building (2nd floor), 58/D, Netaji Subhas Road, Kolkata -1. The loan was secured in the name of the firm M/s. Kesharichand Cjattarsingh of which the said Nirmal Kumar Bhutoria and Kusum Bhutoria both were partners along with three others. The said Kusum Bhutoria intimated the matter to the said Bank by letter dated 4th March, 2005 and upon the Bank's instruction he sent a representative to check the Bank papers and being sure that her signatures were forged in the Bank papers lodged such complaint before the Officer-in-Charge of Burrabazar Police Station.