RAJA CHANDRA GARG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) None appears on behalf of the opposite parties.

(2.) This is an application praying for setting aside the order dated December 01, 2022 whereby the learned Judicial Magistrate, 6th Court, Sealdah, dismissed the application under Sec. 245(3) of the Code of Criminal Procedure filed by the petitioners on March 12, 2019 in connection with Complaint Case No.751 of 2013.

(3.) The present petitioner nos.1 to 3 are the Directors/occupiers of Auto Carriage Pvt. Ltd. and having the showroom at 135A, S. P. Mukherjee Road, Kolkata-26, which deals in selling, repairing of automobiles and they look after the business of M/s. Auto Carriage Pvt. Ltd. The petitioner no.4 is an employee of such reputed concern as Human Resource Manager of the said company. The opposite party no.2 who was an erstwhile employee under the petitioner nos.1 to 3 worked as Sales Consultant with the said company. Due to certain defalcation caused in the showroom by the opposite party no.2, a complaint was registered with the Airport Police Station Case No.312 of 2013 against the opposite party no.2. Subsequently, as a counterblast to the said proceeding, he lodged the purported complaint in the court of learned Additional Chief Judicial Magistrate, Sealdah, under Sec. 200 of the Code of Criminal Procedure alleging inter alia that the present petitioners have forced the opposite party no.2 to sign in various fake documents to cover up the trade of some defalcation which was caused by the petitioner nos.1 to 3. Over the same, a complaint was filed under Ss. 195(A), 326, 406, 506 Part II read with Sec. 120B of the Indian Penal Code.