PIYUSH PERIWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this revisional application dated 22. 11. 2006 under Section 482 of the Cr. P. C. prayer is made for quashing of a proceeding being Ballygunj P. S. Case No. 101 dated 25. 8. 2004 corresponding to CGR Case No. 2473 of 2004 under Section 420/406 of the I. P. C. The O. P. No. 2 which is a proprietary concern lodged a complaint against the present petitioner alleging that at the intervention of a finance broker Dilip Kumar Surana, the O. P. No. 2 advanced Rs. 25 lac to the petitioner as loan. The petitioner is a Managing Director of M/s. National Plywood Company and was in need of money. The petitioner was required to repay the amount within 125 days and the loan was acknowledged. After expiry of three months the petitioner issued a cheque being No. 586064 dated 24. 11. 1998 for Rs. 93,493/- drawn on Standard Chartered Bank, N. S. Road, Calcutta -1 in favour of M/s. Raylon Industries on account of interest of loan. That cheque was dishonoured. Again the petitioner issued a cheque for Rs. 10 lac being No. 586074 dated 24. 12. 1998 towards payment of the principal amount. It was also dishonoured. Then sensing mala fide intention of the accused the complainant made several representations to the petitioner-accused personally and over phone demanding money but the petitioner deferred payment on different pretext, Being pressurized by the complaint again the accused issued three cheques as follows :- <FRM>JUDGEMENT_657_CALCRILR2_2008Html1.htm</FRM>

(2.) ALL the cheques were again dishonoured. It became clear that the accused has dishonest intention and was not inclined to pay the amount. Several representations were made but in vain. The complaint now is to get Rs. 45,63,625/ -. Hence the petition of complaint under Section 420/406 of the I. P. C.

(3.) THIS petition was filed before the learned ACJM, Alipore and he referred the matter to police for investigation under Section 156 (3) of the Cr. P. C. and the police registered the case under Ballygunj P. S. Case No. 101 dated 25. 8. 2004 under Section 420/406 of the I. P. C. against the present petitioner. Investigation was started and at that time the accused petitioner filed this petition for quashing of the proceeding obtaining an interim order of stay long ago.