ALOKE MONDAL Vs. STATE OF W B
HIGH COURT OF CALCUTTA
State Of W B
Referred Judgements :-
ALPIC FINANCE LTD.,APPELLANT V. P. SADASIVAN AND ANR.
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(1.)This to consider an application under Sec. 482 of the Code of Criminal Procedure 1973 in connection with Howrah P.S. Case No. 197/01 dated 27.12.01 numbered as GR Case No. 2064 of 2001 pending before the Ld. Court of Sub-Divisional Judicial Magistrate, Howrah u/s. 406, 420, 424 of the I.P.C. The matter may be stated in brief that on 27.12.01 one Sri Arun Kumar Sing, District Manager West Bengal Scheduled Castes/Scheduled Tribes Development and Finance Corporation district Howrah lodged complaint at the Howrah P.S. alleging inter alia, that the petitioner failed to pay the instalment of loan advanced by the said Corporation and that the petitioner violated the agreement clauses and breached the contract on trust. On the aforesaid, the said F.I.R. was lodged and the case under the aforesaid sections was initiated.
(2.)The said corporation sanctioned loan for a diesel taxi on 4.12.95, whereon the petitioner deposited Rs. 37,700/- and Rs. 62,300/- as margin money in favour of the said corporation on 30.11.95 and on 15.1.96 respectively. The said corporation instead of delivering the matter diesel taxi delivered a luxury taxi.
(3.)It has been urged that the said complaint/ F.I.R. does not disclose any criminal liability of the petitioner but the outcome of proceedings would not result in any conviction. The complaint by itself discloses that there is a breach of civil liability at best and the criminal proceeding is nothing but harassment and abuse of process of law and hence the prayer for quashing the proceeding.
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