RIJU SAMANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By order, dated 01.12.2004, passed, in CR Case No. 3893C/04, which stands impugned in this revision, the learned Judicial Magistrate, Kamrup, Guwahati, having taken cognizance of offences under Sections 406 and 420 read with Section 34 IPC, has directed issuance of process against, amongst others, the present petitioner as an accused. I have heard Mr. A.K. Bhuyan, learned counsel, for the petitioner, and Mr. Z. Kamar, learned Public Prosecutor, Assam, for the opposite party No. 1. I have also heard Mr. A.M. Bora, learned counsel, as amicus curiae. None has appeared on behalf of the remaining opposite party.

(2.) Before entering into the contents of the complaint and determine the question as to whether the complaint discloses commission of any offence, more particularly, under Sections 420 and 406 IPC, as against the present accused-petitioner, it is imperative to note that the accused No. 1, namely, Broadway Foods Ltd., is, admittedly, a company, which stands registered under the Companies Act, 1956, with accused No. 2 being its Chief Manager and accused No. 3 being its Managing Director. As far as the present petitioner is concerned, he was, at the relevant point of time, Regional Manager, North-Eastern Region, of the said company.

(3.) The case of the complainant, as discernible from the complaint, the materials submitted therewith and the complainant's statement, may, in brief, be described as under: