ARUP ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has assailed the proceeding being Panchsaray PS Case no. 59 of 2024 under Sec. 318(4) /316(4)/61(2) of Bhartiya Nyaya Sanhita 2023 (in short BNS) presently pending before learned ACJM, Alipore.

(2.) The allegation levelled in the complaint is that the petitioner, in the year 2021, came before the opposite party no.2 and introduced himself as reputed business person and had expressed his intention to join in the business of the opposite party no.2 as profit sharing partner and thereafter they entered into a partnership deed in the name and style "M/s Aavya Tech" on 15/4/2021. Opposite party no. 2 relied upon the petitioner and had handed over all the business related documents and maintenance of the business account and had also entrusted upon the petitioner for looking after the properties related to the business. However, till date the petitioner had failed to invest any capital amount upon the said partnership business. When the opposite party no.2 found himself unable to run to the partnership business, he requested the petitioner either to make investment in the said business or else tender resignation as partner from the partnership business and return all necessary documents, bounced cheques and all other documents of the business which was in his custody. Thereafter when the opposite party no.2 started to verify the accounts, he found a huge deficiency and discrepancies in the Income Tax return (in short ITR) portal, as well as the bank statement and also found misappropriation in the ITR file of the partnership firm. He also found some forged and fabricated documents and books of accounts, that has been uploaded in income tax portal as well as income tax return of the said partnership firm. When the opposite party no.2 had gone through the books of account of the said firm, he found that an amount of Rs.16,33,000.00 has been misappropriated by the petitioner without his prior knowledge. It was also detected that the petitioner had taken a huge money from the account of partnership business on the pretext of paying the vender and supplier but he did not pay the money to them and instead misappropriated the same and converted to his own use. Thereafter the petitioner removed all the valuable documents from the office of the partnership business. In fact the petitioner entered into a criminal conspiracy along with his associates and thereby induced the opposite party no.2 to part with on good faith all necessary original documents, bounced cheques, promissory note, cash book, rubber stamp and many other bank account related document and thereafter the petitioner after getting the domain over the documents and property of the opposite party no.2, misappropriated the aforesaid amount of money to the tune of Rs.16,33,000.00.

(3.) The Opposite party no. 2 went to the local police station but the police despite receiving the complaint did not start investigation and thereafter on the basis of the direction made by learned Magistrate vide order dtd. 31/7/2024 a preliminary enquiry was conducted and upon receipt of report learned Magistrate directed for investigation invoking his jurisdiction under Sec. 175(3) Cr.P.C. against the petitioner and his unknown associates.