Sudip Ahluwalia, J. - (1.) In this Revisional application the petitioner, who is a lady based in the State of Kerala, has prayed for quashing the proceedings arising out of Hare Street PS Case No. 432 of 2011 dated 24.7.2014, under Ss. 408/468/471/477A/120B of the IPC.
(2.) One Siddhartha Roy who is the authorized representative of the Opp. Party No. 2/de -facto complainant namely 'M/s. Birla Tyres' had filed a written complaint under Sec. 156(3) of the Criminal Procedure Code, 1973, before the Court of the Learned Chief Metropolitan Magistrate, Calcutta against the present petitioner and another co -accused person. Thereafter the Chief Metropolitan Magistrate directed the Officer -In -Charge of Hare Street Police Station to investigate into the matter.
(3.) The allegations in the aforesaid complaint were that co -accused person namely Baiju Radhakrishnan joined Birla Tyres on 02.05.1994 and continued till 28.06.2001 as Deputy General Manager (Export) of the said Company. Thereafter, he left the organization, but subsequently approached the higher management and rejoined the Company on 18.05.2011 as Vice -President, International Business. On and from 01.04.2013, the said co -accused person shouldered the responsibility of being the Chief of International Business. During such period he had been looking after the export business of Birla Tyres on his own. He was authorized to deal with overseas clients/customers of the Company, and for the supply of materials and realization/recovery of the sale proceeds for the supplies made by the company. Utmost trust and faith was reposed in him by the company so that he could increase the exports for earning Foreign Exchange for the Company. It was also alleged that the said co -accused person was bound by the rules and regulations of the Company and was to maintain transparency in connection with the business for retaining the global goodwill and the relations of the Company in International Market. He however did not disclose any information about his personal interest relating to the business of the Company, to its management. On 12.03.2014, he tendered his resignation which was not accepted by the Company as there were various dues that were to be realized from various customers dealt with the co -accused person. There were certain discrepancies as well with regard to the Company's records on account of dues from its overseas customers as represented by such customers from time to time. The Company therefore informed the said co -accused person that until and unless the statement of accounts of overseas business under the supervision of the co -accused person was settled to the satisfaction of the company, he would not be released and would be liable for his obligation to settle such vital financial issues. However, the co -accused person stopped coming to office on his own volition. Owing to such circumstances the Company through its other representatives started negotiating with various overseas customers to finalize its accounts concerning its International Business. During such interaction with a particular Beirut based customer namely, Darwish and Al Mona Trading Sal; Corniche Al Mazraa, Crown Centre, G.F. Beirut Lebanon, from its concerned person Mr. Bachir Al Darwich, the Company learnt that the co -accused person as the Chief of its International Business had entered into diverse business transactions on behalf of the Company with the said organization during the financial years 2011 -12, 2012 -13, 2013 -14 with a closing balance as on 31.03.2014 to the tune of Rs. 22,58,03,673.18 (Rupees Twenty Two crores Fifty Eight Lacs Three Thousand Six Hundred and Seventy Three and eighteen paisa). It was further alleged that out of the said outstanding balance due to the Company, the co -accused person had diverted a sum of Rs. 3,93,48,533/ - (Rupees Three Crore Ninety Three Lacs Forty Eight Thousand Five Hundred and Thirty Three) to his own account by misrepresentation and fraud. It was further alleged that a sum of Rs. 26,82,500/ -(Twenty Six Lacs Eighty Two Thousand five hundred) was also realized by the co -accused person from the Beirut based company in cash. Various other sums were paid to the co -accused person by the Beirut based company through a vendor amounting to Rs. 93,06,000/ - while transfer was also made through Exchange Company at Dubai in favour of the co -accused person to the tune of Rs. 22,00,000/ -. Furthermore, it was alleged that a payment of Rs. 1,31,80,900 was made by way of transfer to Inter World Shipping Agency LLC Dubai. It was alleged that all such payments were made by the Company's customer being Beirut based buyer and such amounts were payable to Birla Tyres and the same was done under the supervision of the co -accused person. It was further alleged that the co -accused person had wrongfully misutilised his position in conspiracy with the petitioner, and thus caused serious loss and damages to the Company.;