TARUN KUMAR GUPTA, J. - (1.) THE petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as the Act) praying for quashing of criminal proceeding being G.R. Case No.1579 of 2013 arising out of Hare Street Police Station case No.252 of 2013 dated 23.04.2013 under Section 406 I. P. C., pending in the court of learned Chief Metropolitan Magistrate, Kolkata.
(2.) IT is the case of the petitioner accused that O. P. No.2 Vikash Chowdhury being one of the directors of Venkateshwar Equipment Parts Pvt. Ltd. Lodged a false complaint against the present petitioner being one of the directors of said concern alleging that on 22nd of April, 2013 around 17.30 hours the petitioner had been to the office of their client M/s. Quorum Securities at 29 A. Ballygunge Circular Road for collecting Rs.30,00,000/ - (Rupees thirty lakhs) in cash towards the outstanding dues, and that after collecting said amount therefrom he neither deposited the same in the office nor contacted with the complainant director and misappropriate the same. On the basis of said complaint said Hare Street P. S. Case No.252 dated 23.04.2013 under Section 406 I. P. C. was initiated. Mr. Pijush Kanti Khanra, learned counsel appearing for the petitioner accused, has assailed said FIR under Section 406 I. P. C. on the following grounds. Firstly, defacto complainant Vikash Chowdhury being one of the directors of the company had no authority to lodge a complaint against another director of the same concern without the necessary authority from the Board of Directors.
(3.) SECONDLY , the complaint if it is accepted on its face value had disclosed allegation of misappropriation of the alleged amount attracting Section 403 I. P. C. and not the offence of commission of criminal breach of trust under Section 406 I. P. C. Thirdly, Section 403 I. P. C. which deals with the offence of dishonest misappropriation of property is a non -cognizable offence as per first schedule of the Criminal Procedure Code.;