J TH ZWART Vs. INDRANI MUKHERJEE

JUDGEMENT

(1.) On a complaint filed by Mrs. Indrani Mukherjee (hereinafter referred to as 'the complainant'), the opposite herein, the four petitioners and one Sri S. N. Banerjee have been summoned by a learned Metropolitan Magistrate, Calcutta to stand trial for offences punishable under section 465 read with section 34 and section 471 read with section 120B of the Indian Penal Code. Aggrieved thereby, the petitioners have filed this application under sections 401 and 482 of the Code of Criminal Procedure for quashing of the proceeding arising out of the said complaint.

(2.) At all material times the complainant was an employee of K.L.M. Royal Dutch Airlines ('Company' for short) in its Calcutta office the petitioner Nos. 1, 2, and 3 are its General Manager, Sales Manager and Accounts Manager respectively for India, Nepal and Bangladesh while the petitioner No. 4 is its Regional Manager at Calcutta. On February 24, 1989, the complainant was placed under suspension by the Company and on March 9, 1989 was served with a chargesheet containing charges, second of which reads as under :

(3.) By her letter dated March 18, 1989, the complainant showed cause against the charge sheet; and in controverting the above quoted charge she stated that on January 6, 1989 she was at Bhubaneswar and that she did not receive the sum of Rs. 1510 or any part thereof from M/s. ERA Travels or anybody else. Thereafter the Company by its letter dated May 15, 1989 informed the complainant that the date "January 6, 1989" as appearing in the above quoted charge be read as January 5, 1989 as records indicated that it was a typographical error.