KINGSHUK NEOGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) PETITIONER, Kingshuk Neogi, by filing the instant application under section 482 of the Criminal Procedure Code sought for quashing of the proceedings arising out of Kotwali Police case No. 207/2007 dated 6. 7. 2007 corresponding to G. R. Case No. 1053 of 2007 pending before the learned court of Chief Judicial Magistrate, Jalpaiguri, under Section 420/120b of the Indian Penal Code.

(2.) THE backdrop of the present case may briefly be stated as follows :-The petitioner is one of the directors of the Debijhbra Tea Company ltd. The O. P. No. 2 namely Tarani Chakraborty is a supplier of pesticides carrying on his business in the name and style of Hi-Tech Organic Industry and has been supplying pesticides to the said company since 1999. He has been claiming that certain sum of money is due and payable from the said company. Such O. P. No. 2 by letter dated 15. 4. 2004 addressed to the M/s. Debijhora Tea Company Ltd. , demanded an amount of Rs. 7,15,500/- along with interest @ 24% per annum.

(3.) THIS was again followed up by an advocate's letter dated 27. 5. 2005. The said O. P. No. 2 thereafter as complainant filed a written complaint on 6th of July, 2007 before the Office-in-Charge, Kotwali Police station at Jalpaiguri. He alleged that he had supplied Agrochemicals to the said Company from 1999-2000 to 2002 when the outstanding was rs. 6, 65,952/- He further alleged that during 2001, one of the Directors namely Kalyan Kumar Neogi, since deceased, borrowed an amount of Rs. 1 Lakh from him which was paid by the management of the Company by instalments after he died in the year 2002. Such complainant alleged that during 31. 12. 2002 to 25. 8. 2004, the management/directors of the said company did not make any payment. In the end of 2004 the complainant could collect some payments and the outstanding amount as on that date was Rs. 3,65,000/- In the said written complaint, it was claimed that despite being repeatedly approached, the directors of the Company refused and neglected to make any payment whatsoever. Such continuous uninterrupted torture by not responding to the request for repayment of the money resulted in psychosomatic disorder. The complainant thus became sick. It was then claimed that he had been denied payment of an amount of Rs. 3, 65. 000/-