SUNIL GUPTA Vs. STATE

JUDGEMENT

(1.) THE petitioners by filing the instant application under Section 482 of the Code of Criminal Procedure, sought for setting aside the Order dated 30th November, 2005 by the learned 5th Court of Metropolitan Magistrate, calcutta in connection with Case No. C-882/2005.

(2.) GRIEVANCES of the petitioners as ventilated in the application, may briefly be stated as follows:

(3.) OPPOSITE Party No. 2 as complainant filed a petition of complainant before the learned Court of C. M. M. of Calcutta. He alleged that he along with the accused persons were the directors of M/s. Gupta Biscuits Pvt. Ltd. , a company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 12, N. S. Road, P. S. Asansol, District-Burdwan. The said Gupta Biscuits Pvt. Ltd. was formed from the income derived from the joint family business and property namely Studio Kamalaya and Asansol consumer Agency left behind by the complainant's father, since deceased. Accused Nos. 1 and 2 are his brothers and accused No. 3 being the wife of accused No. 2 is the sister-in-law of the complainant. Complainant is a doctor by profession and due to his pre-occupation, he entrusted the affairs of the family business of Gupta Biscuits upon the accused persons. Taking advantage of the situation, the said accused persons quite often used to make him sign on blank letter heads and papers. This, however, did not create any doubt in the mind of the complainant. Unfortunately, on 7th April, 1986, the said accused persons without knowledge and consent of the complainant by a joint resolution mortgaged the company's property as well as its fixed assets, present and future, in consideration of a loan amount of Rs. 17. 90 lakhs from the Andhra bank and thereby committed breach of trust. The complainant was not even aware as to how his signature was fraudulently obtained in the resolution as on the relevant date being 7th April, 1986, he was pursuing his higher studies in Patna University. In view of the said resolution, the accused No. 1 started availing credit facilities from the bank as he was given extensive power to borrow money on behalf of the Company and operate with the bank. After borrowing the said loan amount, the accused No. 1, in connivance with other accused persons mis-appropriated the entire amount without making any effort to repay the same and, thus, committed mis-appropriation of property. Due to default in the repayment of the loan, the Andhra Bank filed a title suit being No. 85 of 1989 before the learned Court of Assistant District Judge at asansol, against the directors i. e. , the accused persons and the complainant. Summons were received by accused No. 2 and he in collusion with other accused persons suppressed the summons from the complainant who at the relevant time was serving as doctor in Dihika Primary Health Centre at Asansol. All the accused persons after appearing in the said suit through their learned advocate filed single Vokalatnama and thereby the signature of the complainant was forged though the complainant was unaware of the same. The said case was transferred to Debt. Recovery Tribunal-ll at Kolkata and was. re-numbered as Case No. 251 of 1996. The accused persons again filed Vokalatnama dated 19. 06. 97 as well as written statement as on 24. 06. 97 and there too, blatently forged the signature of the complainant.