V.Z. JOB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application is for quashing of a proceeding pending before the 5th Special Court, Calcutta, being case No. 6 of 1987 under section 120B/409, 409 and 477A of the Indian Penal Code.

(2.) ON the basis of a complaint lodged by one P.M. K. Kutty, Managing Director, Kerala State Coir Corporation Ltd. (A Govt. of Kerala Undertaking), Alleppy, Kerala, a case was registered with Park Street Police Stating being Park Street P.S. Case No. 499 dated 16.8.85 under section 120B/409, 409 and 477A of the Indian Penal Code. On completion of investigation, police submitted a charge-sheet before the 5th Special Court, Calcutta. Prosecution case as alleged against the petitioner in the charge-sheet is that the petitioner is an appointed agent in respect of one show-room in Calcutta of the said Corporation for promoting the sale of Kerala Coir Products. The said appointment was made under an Agreement dated 17.3.86. The present petitioner was the Managing Director of the firm namely M/s. Vaikath Brothers, Allepy, who executed the said Agreement. It was alleged that co-accused one Mrs. Chitra Tuli was in charge of the Calcutta Show room and was appointed by the petitioner and both the accused persons committed the offence of falsification of account and criminal breach of trust and a prima facie case was made out against the petitioner and the said Mrs. Shitra Tuli.

(3.) MR . Balai Chandra Roy, learned Advocate appearing for the petitioner submits that the jurisdiction of the Special Court is in no way attracted in the instant case as the present petitioner is not a public servant within the meaning of section 21 of the Indian Penal Code. So, the order of taking cognizance and all subsequent orders passed by the learned Judge, Special Court are beyond jurisdiction and are liable to be quashed.