- (1.) All Backward Class Relief and Development Mission, a voluntary organization working for the economic development of the backward classes, in different parts of West Bengal, by providing financial aid for self-employment, made a complaint in writing against the opposite party no. 1 and 2 alleging commission of offences punishable under Sections 406/420/506 of the Indian Penal Code, but the Learned Court below dismissed the same with the following orders; "12.04.2007. Seen the complaint under Section 406/420/506 IPC registered it. Heard considered. Perused the petition of complaint. Allegation is civil in nature. Hence, the case is dismissed under Section 203 Cr.P.C."
(2.) Appearing for the petitioner the Learned Counsel Mr. Joymalya Bagchi with Mr. Deep Chaim Kabir strenuously urged that it is one of the prerequisite that before making any order of dismissal under Section 203 of the Code the Magistrate concerned must take into consideration the initial depositions of the complainant and his witnesses and the result of an enquiry or investigation under Section 202 of the Code of Criminal Procedure, if any, but in the present case the Learned Magistrate without examining the complainant and his witnesses made the order of dismissal and no reason for dismissal has been assigned. Mr. Bagchi takes this Court through the allegations made in the complaint in question and submitted that the Learned Magistrate most erroneously held that that the allegations are civil in nature. According to him on the face of the allegations commission of the alleged offence has been clearly made out. Thus, Mr. Bagchi submitted the order impugned cannot be sustained and be set aside. On the other hand, Mr. Dipanjan Chatterjee, the learned Counsel appearing on behalf of the accused/opposite party no. 1 and 2 submitted that even without disputing that a loan has been taken by the accuseds from the petitioner but it is an admitted position such loan was given under a written agreement and as such even if the accused persons fail to repay the loan then the only remedy available to the loanee is to approach the Civil Court. According to him on the face of the allegations made in the complaint, if at all, a civil dispute, can said to have been made out. He further submitted the impugned order is wholly justified and proper, which deserves no interference. Mr. Barin Roy, the learned Counsel appearing on behalf of the State adopted the submission of Mr. Bagchi and according to him the allegations clearly discloses commission of criminal offences and the way the Learned Magistrate dealt with the matter is wholly illegal.
(3.) The rival submissions of the parties are anxiously considered. Perused the impugned complaint as well as other materials on record.;