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2024 Supreme(Cal) 1175

SHAMPA DUTT (PAUL)
S. Serum Analysis Centre (P) Ltd. – Appellant
Versus
Gaur Basak – Respondent


Advocates Appeared:
For the Petitioner: Mr. Phiroze Edulji, Mr. Ajay Choubey, Mr. Chandan Mishra, Ms. Soumili Chaudhuri.
For the Opposite Party : Mr. Souvick Mitra, Ms. Nabamita Kapat.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred against an order dated 30.07.2019 passed by the Learned 20th Metropolitan Magistrate, Kolkata in connection with Complaint Case no. CN/115880/2016 registered for the offences under Sections 420/408/468/471/120B of the Indian Penal Code, 1860.

2. The petitioner is a renowned diagnostic centre and referral laboratory.

3. The petitioner states that the opposite party no.1/Gaur Basak was an employee of The Serum Analysis Centre which is the sister concern of the petitioner and he was deputed to work in the Accounts Department of the petitioner/M/s. S. Serum Analysis Centre (P) Ltd. since 2011 and the opposite party no. 2/Ms. Shrabani Sarkar and the opposite party no.3/Kaushik Nandy were working under the supervision of the opposite party no. 1.

4. That the petitioner’s account department was mainly controlled & managed by the said opposite parties no. 1 to 3 and during scrutiny for the financial year 2012-2013, it has been found that the opposite parties no. 1 to 3 misappropriated huge amount of the petitioner and for the same the said opposite parties duly acknowledged their involvement in the said huge

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