KRISHNA MURARI CHOUDHARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the instant application petitioner has assailed the order dated 21/12/2016 passed by the learned Metropolitan Magistrate, 19th Court Calcutta in C.S. No. 0081448 of 2016 corresponding to F. No. 191703 of 2016 in connection with T.R. No. 6864 of 2016 under sections 420/406/120B of the Indian Penal Code whereby process was issued against the petitioner and the other co-accused. The impugned proceeding is sought to be quashed qua the petitioner.

(2.) The factual backdrop of the matter in brief is as follows:

(3.) Learned counsel for the petitioner submitted that the matter is essentially of a civil nature given a cloak of criminal offence. It is pointed out that from the police report dated 4/10/2016 it is evident that there was ledger balance sheet showing series of payments received by the complainant from time to time against the goods supplied so there was no dishonest intention at the very inception of the transaction. The allegations in the petition of complaint do not disclose any offence qua the petitioner. It is canvassed that the petitioner resigned from the company named M/S Jagdamba Polyfabs Pvt. Ltd. (accused No. 1) on 16/9/2014 whereas the petition of complaint was filed on 6/5/2016 long after the petitioner had disassociated himself from the company. He was therefore in no way connected with the alleged transaction. It is further argued that the representative of the complainant company has nowhere stated in the petition of complaint that he has personal knowledge about the alleged business transaction. It is pointed out that no date of transaction has been mentioned anywhere in the petition of complaint. The only date referred to in paragraph 9 of the complaint is 18/8/2015 when the complainant allegedly made telephonic call to this petitioner demanding payment but the petitioner had resigned from the company before that date. To buttress his submissions learned counsel for the petitioner relied upon the following case laws: