KRISHNA KUMAR BANGUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Section 482, Cr. P. C. has been filed by the accused/petitioner herein praying for quashing of the proceedings in case No. C/10558/04 pending in the Court of learned 11th Metropolitan Magistrate, calcutta under Section 420,i. P. C.

(2.) THE petition of complaint was. filed by M/s. Manor Travels Private ltd. being the complainant/o. P. herein against Shri K. K. Bangur of M/s. Graphite India Ltd. i. e. the accused/petitioner herein alleging that the complainant company is a reputed travel company engaged in the business of providing and/or arranging air tickets both in domestic and international to its reputed customers who are mostly the leading companies of the country and high dignitaries like Director and Executives of reputed companies. The company purchase tickets from the different Airlines as per requests of its customers either verbally or in writing and the collection of the price of the said air tickets are made on presentation of bills to the customers at later stage. M/s. Graphite India Ltd. is a reputed company and was one of the customers who used to purchase air tickets from the complainant company for the Directors and other Executives and there was a running account between M/s. Graphite India Ltd. and the complainant company in respect of the transactions. Another account known as MISC (N) was maintained as the personal account of the accused being the Chairman of the said M/s. Grapjhite India Ltd. at the relevant period. The complainant company supplied air tickets of Jet Airways India Ltd. to the accused for travelling from Calcutta to Mumbai for the period 7-8. 7. 1999 and 16-18. 9. 1999 and the accused utilized, the said air tickets for his own use and benefit and assurance was given at the end of the accused by his the then Private Secretary Mr. Narayan. It appears from the invoices issued by the complainant company to the accused dated 14. 09. 99 that air tickets from Calcutta to Mumbai were issued to the accused under requisition made by Mr. Narayan, the then Secretary of the accused and it further appears that the accused utilized the said air tickets for his own use and benefit along with his accompanied persons, but no payment was made in respect of Rs. 63,894/- from the end of the accused. The complainant company vide letter dated 27. 2. 2002 brought it to the notice of the accused regarding the said outstanding with a request for making payment, but no payment was made. The complainant company through its lawyer sent notice to the accused dated 28. 7. 2003 and 14. 11. 2003, but, the accused tactfully and willfully tried to by-pass the said liability of his own by giving a letter through his lawyer dated 24. 12. 2003 and denied the liability of Rs. 63,894/- and he has tried to club the said liability with another account which was not at all related to the aforesaid amount of Rs. 63,894/ -. It would be evident from the conduct of the accused that from the very inception he had an intention to deceive the complainant company in respect of the said amount and thereby he is liable to be prosecuted under Section 420, I. P. C.

(3.) FROM the order dated 19. 01. 2005 of the learned Metropolitan magistrate, 11th Court, Calcutta it appears that after examining the complainant and on perusal of the petition of complaint and original documents, the learned magistrate held that the prima facie case was made out under Section 420, i. P. C. against the accused and the learned Magistrate was pleased to issue process fixing 10. 3. 2005 for S/r.