NARAYAN CHANDRA MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications were heard together as both the cases arise out of the common facts and common relief, inasmuch as, in both the cases, it has been prayed that the entire criminal proceedings including the order of cognizance taken in Complaint case No. 141/99 (T.R. No. 839/99) pending in the Court of Sri K.K. Singh, Judicial Magistrate, Jamshedpur, may be quashed.

(2.) In both the cases, the facts are almost similar. The petitioners' case, in short, is that the complainant (opposite party No. 2) filed a complaint-petition in the Court of the Chief Judicial Magistrate, Jamshedpur, on 8.3.1999 against the petitioners which was transferred to the file of Sri K.K. Singh, Judicial Magistrate, Jamshedpur, under Section 192(2) Cr.P.C. for disposal and the learned Magistrate recorded the statement of the complainant as well as the statement of sole witnesses, namely, B.R. Chakraborty and took cognizance in the case under Sections 408, 418 and 120-B of the Indian Penal Code, 1860 and passed order for issuing summons against the accused-petitioners. Later on, warrant of arrest and processes under Section 82, Cr.P.C. were also issued. The brief facts, in the complaint-petition are that the complainant who was one of the Directors of M/s. Bihar Air Products Ltd. in short ('B.A.P.L.') which is a company engaged in manufacturing and supplying industrial gases alleged that the petitioner Narayan Chandra Mukherjee was appointed as Company Secretary-cum-General Manager of the B.A.P.L. on 29.7.1979 and the terms and conditions of his appointment was that he will not divulge any trade or official secret of the company during the period of his service or he shall not receive any commission or gift of any kind from any person for rendering services during his employment. It is further alleged that Mr. Mukherjee had domain over the various secrets and confidential documents, trade secrets, equipment, plans and drawings of the company including the name of its customers, terms and conditions, principle policy, costing structures of various manufacturing/stores materials, other manufacturing and distribution costs and/or equipment in relation thereto and other confidential materials and/or information in the capacity of the General Manager and he entered into the conspiracy with the petitioner, namely, B.N.P. Singh, who is one of the Directors of M/s Bihar Gas Ltd. (in short 'B.G.L.') which is a competitive company of the B.A.P.L. and Sri Mukherjee passed on/divulged secret information, materials, documents, etc. to accused No. 2 and while continuing in the employment of the B.A.P.L. Sri Mukherjee joined as Chief Executive Officer of M/s B.G.L. and issued some notices in that capacity. It was, therefore, alleged that the petitioner N.C. Mukherjee entered into the conspiracy with the accused B.N.P. Singh and by committing criminal breach of trust caused wrongful loss to the complainant M/s. B.A.P.L. for the wrongful gain to themselves and also to M/s. B.G.L. It was, accordingly, prayed in the complaint-petition that the accused-persons may be summoned to face trial.

(3.) It has been stated in the petitions that M/s. B.A.P.L. as well M/s. B.G.L. are joint sector companies of Bihar State Industrial Corporation having a common Chairman who is the Managing Director of the said Corporation. Besides that, other directors are also common.