PRABIR KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application dated 20-8-2005 under Section 401 read with Section 482 of the Cr. P. C, has been filed by the accused-petitioner In G. R. Case No. 245/2005 under Section 420/406/120b/ 384/504/506/468 of the IPC pending before learnedjacjm at Serampore in the district of Hooghly being aggrieved with the order dated 28-11-2005 passed by the said learned Magistrate directing the police for 'reinvestigatijon' of the case pursuant to a naraji Petition filed by the O. P. No. 2 who was the de facto complainant of the case.

(2.) THE petition of complaint was filed against the accused by the O. P. No. 2 before the learned SDJM, Serampore alleging that the accused who is the husband of the sister of the complainant taking advantage of the complainant being in possession of huge amount of money consequent upon his receipt of retirement benefit to the tune of Rs. 3,50,000/- sometimes in 1994 induced the complainant to invest his money in business i. e. "zibcons". Because of the parties having a sweet relationship between them the complainant started investing a lot of amount part by part from time to time totaling a sum of Rs. 3,50,000/- towards the business of a concern of the accused called trunkey International and Bengal Peerless in good faith. Further the complainant supplied 3/4 tons of stone chips and other materials to the said concern of the accused amounting to Rs. 4 lac but the accused recovered a total amount of Rs. 7,50,000/-together with profits from the parties concerned- but. misappropriated the entire amount without paying any farthing to the complainant. The complainant came to learn that the entire amount of Rs. 7,50,000/- together with the dividends of Rs. 4 lac had been recovered by the accused and misappropriated in full by him, notwithstanding the assurance made, to the complainant by the accused of paying the complainant a profit of 20% per rnqnth, Further the accused made some forged documents on Non judicial Stamps arid got some recording on those stamps which purported to be some statements made by his nominee subscribers to the effect that he had paid to the complainant sums of money.

(3.) THE learned SDJM sent the petition to the police for investigation by treating the petition under Section 156 (3) as FIR and a police case being Uttar Para Police Case No; 30 of 2005 dated 5-3-2005 under Section 420/406/120b/384/504/506/468 of the ipc was registered and the investigation was carried on; After investigation the police submitted a final report praying for termination of the proceeding holding that during investigation it was revealed that the complainant transacted business with two companies i. e. Trunkey International and bengal Peerless but both the companies were under closure, while the accused encashed the entire invested amount of the complainant, In the business. According to the d. 0. during investigation of the case charge could not be established against the accused persons and after consultation with the I. C Uttar Parap. S. in respect to the merit of the'case the I. O. was craving leave of the learned Magistrate for submission of final reporti praying for termination of the proceeding as mistake of fact.