The court held that an FIR must disclose an offence for proceedings to continue, and allegations, if taken as true, warranted further investigation and trial.

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved by the impugned proceeding arising out of Belur P.S. Case No. 73 of 2015 under section 341/323/468/471/506/34 of IPC, corresponding to GR Case No. 1852 of 2015, present application has been preferred with a prayer to quash the said proceeding.

2. The complainant/opposite party no. 2 claimed in the written complaint that he is the director of the company namely Lovely Trademark Pvt. Ltd. holding 500 equity shares in the company, which constitutes 50% of the total share holding of the company. Said company was incorporated on 08.11.2010 with two directors namely complainant and petitioner no. 1 herein Ram Nibas Giri, who started purchasing land in a small part from different sellers at Dankuni Hooghly, and the purchased plot of lands were registered in the name of the said company. It is alleged that the complainant was busy with field work in raising the assets of the company and the other director Ram Nibas Giri was in charge of the day to day office work of the company. Unfortaunately taking advantage of such trust and faith reposed on him by the petitioner, said Ramnibas Giri along with Ashoke Kumar Giri and Shivji singh who are petitioner no. 2 & 3 herein misappropriated the funds and property of the said company for their own use by means of tampering books and accounts of the said company. It is further alleged in the FIR that said Ram Nibas Giri appointed said Ashoke Kr. Giri and Shivji Singh as the directors of the said company without taking consent from the complainant and they in connivance with each other have forged the digital signature of the complainant and has used the same in a fraudulent manner in order to execute Form 23AC for the year 2012-2013 filed before the Registrar of Companies. It is specifically alleged in the complaint that on 30.12.2014 the complainant went to the office of the company for discussing the issue with the accused persons, however he was resisted from entering into the office premises of the company by the said accused persons for which he suffered bodily pain. Moreover the accused have threatened the complainant with dire consequences in the event the complainant makes any attempt to enter into the office premises of the said company.

3. On the basis of said FIR lodged by opposite party no. 2 herein, aforesaid Belur P.S. Case no. 73 of 2015 was started. Being aggrieved by the said proceeding petitioners herein contended that on bare perusal of the record it is apparent that the said allegations as has been attempted to be levelled against the petitioners, do not constitute any offence under section 323 or 341 of the Indian Penal Code. Section 506 of IPC has been forcibly brought, which is bereft of any ingredients. Similarly, the allegations under section 468 of the Code is prima facie absent in the instant proceeding.

4. Mr. Bhattacharya on behalf of the petitioner further argued that it has been alleged that the petitioner in connivance with each other have forged the digital signature of the complainant and have used the same in a fraudulent manner in order to execute Form 23AC for the year 2012-2013. On the basis of material available to the prosecution, the State submitted that complainant had revoked the digital signature on 4th July, 2014, which is much later to the allegation in submission of Form 23AC for the year 2012-2013. He further contended that it is not the case of the State that a separate digital signature was procured by the petitioners but it has been sought to argue that the digital signature of the complainant was misused by the petitioners. In this context he further contended that it has not been alleged in the complaint nor it has been argued by the State that the petitioner has created the digital signature of the complainant. Infact the definition of forgery is not made out in the written complaint though the intention to cause damage or injury to the public or to any person is an element which has to be est