IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDITION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE UDAY KUMAR CRR 502 of 2024 Ashok Prasher -Vs.-

The State of West Bengal and Anr.

For the Petitioner : Mr. Sourav Lohani Mr. Amit Kumar Pandey For the State : Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Kallol Acharjee Hearing concluded on : 29.07.2025 Judgment on : 01.08.2025 Uday Kumar, J.:-

1. This revisional application, has been preferred by Sri Ashok Prasher (hereinafter referred to as "the Petitioner"), seeks to invoke the extraordinary and inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (analogous to Section 482 of the Code of Criminal Procedure, 1973), for the quashing of G.R. Case No. 1438/2018, originated from Matigara Police Station Case No. 275 of 2018, dated June 1, 2018, under Sections 406 (criminal breach of trust), 420 (cheating), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860, and is currently pending before the Learned Additional Chief Judicial Magistrate, Siliguri, following the submission of Charge Sheet No.

440/2018 dated August 28, 2018 under the same sections.

2. The Petitioner fundamentally asserts that he has been falsely implicated in this case without any underlying criminal intent, contending that the dispute is purely civil in nature, arising from a mercantile transaction, and thus constitutes a patent abuse of the legal process.

3. The factual matrix of this proceeding commenced with a commercial transaction held on January 13, 2024, when Associated Brokers Private Limited (Opposite Party No. 2), through its General Manager Shri Rana Bijay Chowdhury (the de facto complainant), supplied tea leaves worth Rs. 19,20,920/- (Rupees Nineteen Lakhs Twenty Thousand Nine Hundred and Twenty only) to M/s. Nitesh Trading Co., a proprietorship firm of Smt. Indu Agarwal (hereinafter referred to as the 'principal accused'), who used to purchase tea regularly.

4. The outstanding amount claimed by the complainant was Rs.

6,98,057.38/- as of August 23, 2016. Crucially, it is alleged that the present Petitioner, Sri Ashok Prasher, of Paramount Tea Marketing Pvt. Ltd., provided a personal guarantee for the recovery of this outstanding amount. However, despite this guarantee, both the Petitioner and the principal accused are alleged to have wilfully failed and neglected to make the payment. This failure led the complainant to believe that they were induced and cheated through collusion for their mutual wrongful gain.

5. Pursuant to the complaint lodged by Shri Rana Bijay Chowdhury, Matigara Police Station registered FIR No. 275/2018 on June 1, 2018, under Sections 406/420 IPC. During the investigation, the Petitioner duly complied with a notice issued under Section 41A Cr.P.C. on July 2, 2018. The Investigating Officer, after collecting various documents including computer-generated delivery orders and tax invoices, and recording statements, submitted Charge Sheet No. 440/2018 on August 28, 2018, against both Smt. Indu Agarwal and Sri Ashok Prasher under Sections 406/420/34 IPC. The Petitioner was subsequently enlarged on bail by the Learned Additional Chief Judicial Magistrate, Siliguri, on October 3, 2018.

6. Significantly, on the very same cause of action, Associated Brokers Pvt.

Ltd. (Opposite Party No.2) had also instituted a civil suit, Money Suit No. 65 of 2018, before the Learned Civil Judge (Senior Division), Siliguri. This Money Suit was disposed of by an order dated June 23, 2023, as the plaintiff therein stated that "the matters have been amicably settled between the parties" and expressed unwillingness to proceed further, seeking to withdraw the suit without liberty to sue afresh. The Petitioner has also apprised this Court of a pending application preferred under Section 482 Cr.P.C. by the principal accused, Smt. Indu Agarwal (CRR No. 2230 of 2018), before the Principal Bench