PALASH CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application under section 482 of the Cr. P. C. prayer is made for quashing of the proceedings of Barangar ps Case No. 136, dated 6-7-2005 under Section 403/415/420 of the IPC pending before the Court of learned Additional Chief judicial Magistrate, Barrackpore on the ground of no disclosure of commission of offence through the FIR.

(2.) THE opposite party No. 2 herein lodged an FIR on 6-7-2005 against the present petitioner, the Manager of Kotak Mahindra bank Ltd. along with some others i. e. Anup garula, Director of the said company, Pinaki kanji, an officer of the said company and one Surendra Khanna, Additional Director of the said company under Section 403 / 415/420 of the IPC alleging the following :-The complainant (O. P. No. 2) purchased a medium goods vehicle of Eicher at the price of Rs. 5,05,000/- pursuant to execution by her of a hire purchase agreement with M/s. Kotak Mahindra Finance Ltd. which financed a sum of Rs. 4,35,000/- on condition that the opposite party No. 2 would pay the financed sum in thirty five equated instalments of Rs. 16,713/ -. A sum of Rs. 3,25,905. 05 was paid by the opposite party no. 2 in favour of the company in monthly instalments in terms of the agreement but all of a sudden on 31-3-1999 M/s. Kotak mahindra Finance Ltd. without any process of law or order of any Court seized the vehicle by force. The complainant approached the company the officials of which took sometime to examine the matter and discussions of several round between the parties took place and lastly the officials came to the house of the complainant to admit that there has been an error and gave out to her that in case resumption of monthly instalment was started in favour of the accused company they would return the vehicle. But the condition was primarily that the complainant (O. P. No. 2) must start resumption of payment of monthly instalment of Rs. 16,713/ -. Accordingly, a sum of Rs. 16,713/- was paid on 15-6-1999 by cheque no. 660410 drawn on U. B. I. , Ganesh chandra Avenue Branch but when the complainant approached the company to return the vehicle they assured that they would do so but they did not. Thus the complainant has been cheated of the sum of Rs. 87,799/-which was the amount paid b the complainant initially plus Rs. 3,25,905. 50p + Rs. 16713/- = Rs. 4,30,417. 50p. The company on several occasions showed various vehicles to the complainant's husband for inspection for the purpose of compensating her by providing an alternative vehicle but all acts on the part of the company came out to be false assurances. On 26-5-2005 when the complainant met the accused she was assured that they would return back the vehicle within a week but they did not. Surprisingly, once Shri Ranjan Banerjee of 17n/4, R. B. Road, Paikpara, Calcutta-700 002 approached the complainant on 17-6-2005 that the officers of the company offered him to sell the vehicle and he could proceed accordingly if the complainant had no objection. The said Ranjan Banerjee inspected the vehicle at Sodhpur Crossing petrol Pump and then the complainant came to know of the nefarious design of the accused company who was illegally trying to dispose of the vehicle which still stood registered in the name of the complainant and hence the complaint.

(3.) THIS FIR leading to registration of baranagar Police Station FIR No. 136, dated 6-7-2005 under Sections 403, 415, 420 of the IPC is sought to be quashed by the petitioner who is the accused No. 1 in the case of the following grounds.