18.12.2025 SB CRR 4049 of 2025 Umesh Agarwal & Anr.

Vs.

The State of West Bengal & Anr.

Mr. Karan Dudhwewala Mr. Mukesh Pandey …for the Petitioners Mr. Rahul Poddar Mr. Riddhiman Mukherjee Mr. Souvik Banerjee Mr. Ayush Singhania …for the O.P. no. 2 This is an application wherein the petitioners have prayed for quashing of the impugned proceeding being G.R. case no. 1295 of 2023, presently pending before the learned Judicial Magistrate, 16th Court at Calcutta.

Petitioners’ contention are that according to the FIR, the complainant was convinced with the proposal made by the petitioners and thereby they induced him to pay them a sum of Rs. 1,06,00,000/-.

Learned counsel for the petitioners being aggrieved by the aforesaid proceeding, submits that they have partially paid the said loan amount and the outstanding amount as it stands on 20th August, 2025 is about 80,70,000/-.

Relying upon the judgment of the Apex court in Satishchandra Ratanlal Shah Vs. State of Gujarat and another reported in (2019) 9 SCC 148, learned counsel for the petitioners submits that in the aforesaid loan transaction, there was no entrustment at all which he dishonestly converted for his own use so as to satisfy the i