GOPAL PODDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application has been filed at the behest of one Gopal Poddar, one of the accused in G.R. Case No. 3305 of 2015 arising out of Titagarh Police Station Case No. 425 of 2015 dated June 12, 2015 under Ss. 420/406/120B of the Indian Penal Code, 1860 (for short, 'I.P.C. ').

(2.) It was the allegation in the written complaint lodged by the private opposite party that one agent of a company called Ramel Industries Limited offered several plans and schemes to the de-facto complainant and solicited his investment in the company. The company had appointed several field workers as agents to motivate people to invest in the company in order to receive financial benefits. The private opposite party was also induced fraudulently and dishonestly by the accused persons including the petitioner to invest in the company. Accordingly, the private opposite party invested the money in different schemes offered by the company at different times. Similarly, a friend of the private opposite party and his wife also invested money in different schemes of the company. The private opposite party had invested a sum of 8,83,000/- in various plans and schemes of the company between November 20, 2011 and February 28, 2013. His friend invested a sum of 1,15,500/-. The agents of the company also issued policy certificates in this regard. Later on, the private respondent came to know that the operations of the company had closed its operation without making payments to the investors. The written complaint also stated that the agent, namely, Achinta Mondal was working as per the directions of other accused persons including the petitioner who were the directors of the company.

(3.) On the basis of such complaint by the private opposite party, which was filed before the learned Additional Chief Judicial Magistrate, Barrackpore (for short, 'ACJM ') and was forwarded to the concerned police station under Sec. 156(3) of the Criminal Procedure Code, 1973 (for short, 'Cr.P.C. '), Titagarh Police Station Case No. 425 of 2015 dated June 12, 2015 under Ss. 420/406/120B of the I.P.C. was registered.