ASHOK KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of a proceeding in Complaint Case No. CN/8454/2017 presently pending before the Learned Metropolitan Magistrate, 18th Court, Calcutta under Sections 406, 420 read with Section 120B of the Penal Code including the order dated 08.11.2017 issuing process against the accused/petitioner.

(2.) The Learned Counsel appearing on behalf of the accused/petitioner submitted that the crux of the allegations in the petition of complaint is that the accused did not honour their commitment that they would pay the entire invoice amount in question through an irrevocable 90 days' Letter of Credit (LC) from the date of delivery of the materials against each lot at the project site. He submitted that the purchase order was dated 04.02.2014 and was not of 2016. With respect to the purported amendment dated 12.02.2014 to the agreement, he submitted that 100% payment was to be released in favour of the seller through irrevocable LC of 60 days from the date of delivery of material against each lot of the project site, but subject to submission of relevant documents.

(3.) The Learned Counsel referred to the appointment letter of the petitioner by the accused/company and submitted that the petitioner joined the company as a Director on 01.12.2015. He also relied on a document issued by the Ministry of Corporate Affairs to show that the petitioner ceased to be Director of the said company on 02.08.2016. He submitted that as such, the petitioner would not have threatened the complainant on 10.01.2017 as alleged by which time he had retired as a Director. He contended that no liability arose when the petitioner was a Director of the company. The Learned Counsel further submitted that even the initial deposition was quite confusing regarding the relevant dates.