R.K.BAG, J. - (1.) The petitioner, Divisional Manager, National Insurance Company Limited has prayed for quashing of the criminal proceeding of Complaint Case No.C-2639 of 2014 pending before the court of learned Metropolitan Magistrate, 14th Court, Calcutta by filing this revision under Section 401 read with Section 482 of the Code of Criminal Procedure.
(2.) The backdrop of the present revisional application is as follows:- The opposite party no.1/complainant filed a petition of complaint against the petitioner and the Managing Director of National Insurance Company Limited before the court of learned Chief Metropolitan Magistrate, Calcutta praying for issuance of process under Sections 406/420/120B/198/ 372/177/164/382/201/209/468/471/477A of the Indian Penal Code. Learned Magistrate took cognizance of the offence, examined the opposite party no.1/complainant and issued process against the petitioner and the Managing Director of National Insurance Company Limited. The petitioner has challenged the order of taking cognizance by the learned Magistrate and prayed for quashing of the said criminal proceeding.
(3.) Mr. Abhijit Gangopadhyay, learned counsel appearing on behalf of the petitioner contends that National Insurance Company Limited has not been arraigned as an accused in the petition of complaint, though the opposite party no.1/complainant has made allegation against the National Insurance Company Limited. He further submits that the National Insurance Company Limited is still willing to pay Rs.64,360/- to the opposite party no.1/complainant for reimbursement of the medical bill in connection with the mediclaim policy issued in his favour by National Insurance Company Limited. By referring to the order passed by the Consumer Courts, Mr. Gangopadhyay submits that the opposite party no.1/complainant did not get favourable order from the Consumer Court and the appeal preferred by him against the order of State Consumer Disputes Redressal Commission is pending for admission before the National Consumer Disputes Redressal Commission at New Delhi. By referring to the averments made by the opposite party no.1/complainant in the petition of complaint, Mr. Gangopadhyay submits that the allegations made by the opposite party no.1/complainant do not disclose any offence punishable under the Indian Penal Code and as such the criminal proceeding initiated against the petitioner is liable to be quashed.;