NIRENDRA NATH DEY Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-9-32
HIGH COURT OF CALCUTTA
Decided on September 24,1996

Nirendra Nath Dey Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

SOUMENDRA KRISHAN V. STATE OF W.B [REFERRED TO]


JUDGEMENT

SURYA KUMAR TIWARI, J. - (1.)THIS revisional petition along with connected revisional petition has been filed by the petitioners for quashing the FIR.
(2.)PETITIONER No.1 in Cr. Rev. No.1305 of 1996 had applied for loan to Ramakrishnapur Co -operative Bank, Charuchandra Sen Lane, Howrah. At the relevant time, petitioner No. 1 (in the connected case) Samar Mukherjee was the Chairman, petitioner No. 2 Kalikinkar Benerjee was the Secretary and petitioner No. 3 Biswanath Banerjee was Assistant Secretary of the said Bank.
(3.)ON 6.12.95, a written complaint was filed in the Court of CJM., Howrah. The CJM. forwarded the complaint to Howrah Police Station for investigation under Section 156(3), Cr.P.C. The police registered FIR on 15.12.95 and started investigation.
It has been alleged in the complaint filed on behalf of the Bank, that the Chief Executive, Secretary and the Assistant Secretary of Bank entered into criminal conspiracy and granted a loan of Rs. 4 lacs to petitioner No.1, in the connected revisional case i.e. Narendra Nath Dey without having taken sufficient security. The equitable mortgage was illegal because the petitioner No. 2 Gautam was not full owner of the mortgaged property. The petitioner had forged and manipulated the minute book of the Bank. They also failed to secure a deposit of Rs. 50,000/ - from the debtor before sanctioning loan. The account payee cheque was dishonestly converted into a bearer cheque and thereby the petitioners had conspired to cheat the Bank and commit criminal breach of trust.

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