JUDGMENT :

Tirthankar Ghosh, J.

1. The present revisional application has been preferred for quashing of the proceedings being complaint case no. CNS 501 of 2021 (TR 3607/2021) under Sections 406/420/120B of the Indian Penal Code, filed against the petitioners before the learned Metropolitan Magistrate, 19th Court, Calcutta.

2. The petition of complainant was filed by Dr. Manindra Nath Paul (hereinafter referred to as ‘the complainant’) against Glocal Healthcare Systems Private Limited, Dr. Meleveetil Damodaran, Dr. Syed Sabahat Azim, Mr. Goutam Chowdhury and Mrs. Richa Azim (hereinafter referred to as ‘the accused persons’).

3. The allegations in the petition of complaint were to the effect:

(a) The complainant is a Senior Consultant-Gynaecology and Obstetrics who entered into his services as a retainer of Glocal Healthcare Systems Private Limited and for the said purpose an agreement was entered between the complainant and the accused persons.

(b) The complainant is a Senior Doctor having 52 years of working experience both in India and Nepal. He received a phone call from the accused persons requesting him to meet at the registered office of the petitioner no.1 at 3B-207, Eco Space, P.S. Techno City, Action Area-II, Rajarhat, New Town, Kolkata, where he was represented by the accused persons that they had excellent reputation in the field of medical services with well built infrastructure and qualified medical professionals in their hospitals where complicated medical problems are dealt. Relying upon such representations the complainant accepted the request of the accused persons and agreed to enter into a retainership agreement for which an agreement was signed between him and GHSPL Jeypore Healthcare LLP.

(c) The period of retainership agreement was fixed from 16.07.2018 to 15.07.2020 for a period of two years and the retainership fee was fixed at Rs.2,25,000/-along with other perks and benefits which were part and parcel of the agreement. The terms of the agreement were confirmed by way of e-mail.

(d) The complainant being assured by the accused persons signed and joined as Senior Consultant of Obstetrics and Gynaecology at GHSPL Jeypore Healthcare LLPP situated at Jeypore, Koraput, Odisha. He commenced his duties from the month of July, 2018.

(e) Complainant alleges that he pursued his duties from 1st July, 2018 to 21st January, 2019 and in spite of his services he was not paid salary or retainership fee with an excuse that the management was suffering from local unrest. The request of the complainant for recruiting junior doctors, staffs fell in the deaf years of the management and because of non-payment of salary most of the staff left their service. On 21.01.2019 complainant suffered cardiac arrest at midnight and on an earlier date the different department including OT, ICU, OPD were closed as the nurses and other staff left their duty. The complainant at the time of dire need had to travel in an ambulance another 200 km for which he suffered another cardiac arrest and the management during the said period remained silent.

(f) Thereafter the complainant took a short break for post operative medical need and he requested the management that he would continue his duty but the management informed him that due to some local issues and administrative problems the complainant should not immediately join and wait for some time. Such waiting of the complainant continued till the end of tenure of his agreement and as such the complainant could not engage himself with any other institutions, as he was bound by the agreement. Each and every time when the complainant asked the management to release or terminate him after clearing his dues, the accused persons refused to do the same. After considerable period of time the accused did not make any payment and on different pretext postponed the issue thereby stretching the time with some request. The accused persons thereafter stopped communicating with the complainant and lastly on March, 2