KAMAL KUMAR DUTTA Vs. STATE OF W B

JUDGEMENT

(1.) PETITIONER, Dr. Kamal Kumar Dutta, filed an instant application under section 482 of the Code of Criminal Procedure, praying for quashing of the proceeding being CGR No. 2166/2007 pending before the learned Court of chief Judicial Magistrate, Alipore, 24-Parganas (South ). This relates to ballygunge P. S. Case No. 132 dated 11th July, 2007 under Sections 420, 406, 467 and 468 of the Indian Penal Code. O. P. No. 2, Bank of Baroda, as complainant, filed an application before the learned Court of A. C. J. M. , Alipore with the prayer for direction upon Officer-in- Charge, Ballygunge Police Station to investigate into the matter after treating the said application as FIR under section 156 (3) of the Criminal Procedure Code.

(2.) ALLEGATIONS made in the said application may briefly be summed up as follows :-The accused, Dr. Kamal Kumar Dutta, is the Chairman-cum-Managing director of Ruby General Hospital Limited, hereinafter referred to as 'borrower company'. The said company availed of a cash credit loan of Rs. 1,50,00,000/- from the petitioner during October, 2003 from its S. S. I. Kasba branch. The said company was regular in servicing the interest and maintaining the cash credit loan account bearing mo. CC-5281058 in terms of the agreement entered into by it with the petitioner till such time a change of management of the borrower company took place some time in August, 2006 and the accused person took over as Managing Director of the borrower company. The accused person with a motive to deprive and cheat the petitioner of its legitimate dues hatched out conspiracies and make false commitments verbally and in writing which he deliberately failed and neglected to comply with, in breach of trust and with a purpose to cheat the legitimate dues of the petitioner which is a huge public money. By letter dated 6th September, 2006, the petitioner referred to clause 133 of the Articles of Association of the borrower company, while claiming that he, as the Managing Director, was authorized to operate, meaning thereby that the bank accounts of the borrower company can be operated either by the Managing Director independently or any person authorized by the Board. He further submitted a letter on the even date, duty signed by him, in his capacity as Managing Director and requested for issuance of fresh cheque books for all the accounts including the cash credit account bearing no. CC-5281058 of the borrowing company held with the petitioner. The accused person assured to ratify his actions in the aext Board meeting of the borrower company. Relying on his statement fresh cheque books of all the accounts including that of the cash credit account bearing no. CC-5281058. on the existing terms and conditions were issued and operation in the said cash credit account was started. But in the next Board meeting held on 16th September, 2006, the matter was not placed for ratification.

(3.) AFTER assuming charge as Chairman-cum-Managing Director, the accused person in furtherance of his scheme of conspiracy to deprive the petitioner of its legitimate dues and with an unlawful purpose to divert the funds of the borrower company, opened a current account of the borrower company with UTI Bank, Garia Branch, Kolkata without seeking any approval from the petitioner in gross violation of the Reserve Bank of India norms and in absolute breach of the terms of the agreement with, the petitioner. This, was immediately objected to by the petitioner and necessary correspondences were met with the accused person as well as UTI Bank The accused person was directed to refrain from carrying out such illegal operation of the current account operated by him of the borrower company in UTI Bank, Garia Branch without paying the dues of the petitioner.