A complaint involving outstanding salary claims does not constitute a criminal offense when it lacks elements of criminal intent, and the appropriate claim should be made in civil courts.

JUDGMENT :

Ajay Kumar Gupta, J.

1. Petitioners being the accused persons have filed this Criminal Revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 praying for quashing of the Complaint Case No. 180 of 2020 filed by the complainant making accusations under Sections 420/406/34 of the Indian Penal Code, 1860 against the company and its Directors, petitioners herein. The case is now pending before the Court of the Learned Judicial Magistrate, 1^st Class, 6^th Court, Sealdah, 24 Parganas (South).

2. Short facts, leading to filing of this present Criminal Revisional application, are summarised as under: -

2a. The Opposite Party No. 2 being the ex-employee of Safal Life Science (P) Ltd. (hereinafter referred to as ‘the said company’) filed a complaint before the Court of the Learned Judicial Magistrate alleging, inter alia, that the Opposite Party No. 2/complainant was employed by the Board of Directors of the aforesaid company on 31st day of March, 2017 upon issuing appointment letter. The complainant joined as a Chief Executive Officer with effect from 1st April, 2017 and his salary was fixed by the company @ Rs. 2,50,000/- per month plus additional 2% as Performance Bonus of the annual sale volume after deducting the income tax.

2b. The complainant worked there for the financial years 2017- 2018 and 2018-2019 efficiently, sincerely and diligently and is entitled to receive a total Outstanding Salary and Performance Bonus after deducting the income tax including penalty to the tune of Rs. 1,47,64,833/- (Rupees One Crore Forty-Seven Lakh Sixty-Four Thousand Eight Hundred and Thirty-Three) only after deducting the salary and bonus already received during the period of working tenure. Despite such outstanding dues of salary and Performance Bonus, the accused company did not heed to pay. Notice was sent through e-mail to the accused company on 2nd August, 2020 but in vain. The opposite party no. 2 had lodged a complaint before Ultadanga Police Station on 10.10.2020 with regard to non-payment of Salary and Performance Bonus but no action has been taken by the police against the accused persons for such non-payment of Outstanding Salary and Performance Bonus and commission of offences by way of committing criminal breach of trust and cheating upon the opposite party no. 2. Hence, the complainant has compelled to initiate a complaint case before the Learned Judicial Magistrate. After examination of the witnesses under Section 200 of the CrPC and being fully satisfied with the materials and documents, Learned Magistrate found prime facie case and issued process against the accused persons.

2c. On the other hand, petitioners have disputed and denied the allegations of the complainant. It is specifically contended that the petitioner nos. 1 and 2 were Directors of the Safal Life Science (P) Ltd. at the alleged period of work but now they are no longer Directors of the said company. Both are residing in the addresses given in the cause title which fall outside the jurisdiction of the Learned Judicial Magistrate, 1st Class, 6th Court, Sealdah, 24 Parganas (South). But, the Learned Magistrate, without holding enquiry under Section 202 of the CrPC, took cognizance under Sections 406/34 of the Indian Penal Code, 1860 on 22nd February, 2022 and thereby issued summons upon the petitioners which is ex facie illegal and unlawful and same ought to be set aside by this Court for non-compliance of mandatory provision as enshrined in the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.PC’).

2d. It is totally absurd and unbelievable that how complainant can claim Outstanding Salary and Performance Bonus of Rs. 1,47,64,833/- (Rupees One Crore Forty-Seven Lakh Sixty-Four Thousand Eight Hundred and Thirty-Three) only after working for a period of three long years. All payments have been made to the employee during his service period. There are no dues with the company. It is unimaginable to ac