(1.) The question involved in this revisional application is whether the petitioner Mr. K.V. Kamat, Managing Director and C.E.O. of the ICICI Bank Limited can be rightly prosecuted for offences under Sections 384/392/120B/427/500/504 of the I.P.C. The opposite party No.1 Pradip Kr. Surekha lodged a petition of complaint with the learned Additional Chief Judicial Magistrate of South 24-Pargamas at Alipore on 27.11.2008 alleging the following.

(2.) Accused No.1 Rajib Dubey is the Recovery Manager, Eastern Zone, ICICI Bank Limited, Accused Nos.2 and 3, namely, Md. Ali and Gobardhan are said to be recovery agents, and accused No. 4, K. V. Kamat is the Managing Director-cum-CEO of the ICICI Bank Ltd. The complainant secured a loan of Rs.4,57,000/-sometime in November, 2004 on certain terms and conditions as. were embodied in the agreement. A sum of Rs. 8725/- was payable as EMI. The money was advanced for purchase of a vehicle being No. WB-02T-1323 (Ford Ikon). The vehicle was in the custody and control of the complainant and it was kept in the garage at 30, S. N, Roy Road under P.S. Behala. The car was fitted with tape recorder, AC machine and a small colour television. A Ti