IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Before:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR 364 of 2023 TAPENDRANATH BANERJEE VS THE STATE OF WEST BENGAL &ANR.

For the Petitioner : Mr. Saswata Gopal Mukherji, Sr. Adv.

Mr. Ayan Kumar Boral,Adv.

For the State : Mr. Suman De, Adv.

Mr. Abhinaba Mukherjee, Adv.

Heard on : 10.04.2026 Judgment on : 16.04.2026 Uploaded on : 22.04.2026 CHAITALI CHATTERJEE (DAS), J.:-

1. Challenging the order dated November 25, 2022 passed by Additional Chief Metropolitan Magistrate, Kolkata taking cognizance of the offence on the basis of a charge-sheet no. 172/22 dated November 18, 2022 under Sections 420/406 of the Indian Penal Code, this revisional application has been filed by the petitioner.

The brief facts of the case is as follows:-

2. The present petitioner is having a business of real estate development and under the nomenclature of ‘D.K.B.Nirman Private Limited’. A development agreement was entered into between Shebait and the trustee of Shib Krishna Debutter Estate with D.K.B. Nirman Private Limited on November 25, 2009 for construction of basement plus G+5 building thereon. A power of attorney dated 25.11.2009 was executed in favour of the developer by the owner of trust. On March 25, 2010 the said trust of Shib Krishna Debutter Estate and the opposite party entered into an unregistered agreement for sale with the Shebait Ashim Daw and the petitioner as one of the Director of DKB Nirman Pvt.Ltd .On May 06, 2021 the trustee and She bait of the said trust expired and dispute arose between the heirs of the deceased trustee on the management of trust. Various cases were filed before this Court as well as City Civil Court regarding the title of the declaration over the Shebaitship of the said debutter property. An order of injunction was passed by the learned Court and receiver was appointed.

3. Despite having knowledge about the entire above facts and circumstances, the opposite party no. 2 filed an application under Section 156(3) of the Code of Criminal Procedure against the D.K.B. Nirman Private Limited represented by the petitioner alleging of cheating and criminal breach of trust. Over the said complaint the investigation was completed and charge-sheet has been submitted against the present petitioner under Section 420/406 of IPC. The learned Chief Metropolitan Magistrate by an order dated November 25, 2022 took cognizance of the said offence on the basis of the charge-sheet. Against the said order of cognizance the present revisional application has been filed.

4. Mr. Mukherji, learned senior advocate appearing for the petitioner raises the preliminary objection regarding the maintainability of the said complaint as the present petitioner is made as an accused as the representative of the said company D.K.B. Nirman Private Limited without impleading the said company as an accused. Moreover, the agreement was entered into with D.K.B. Nirman Private Limited and the present opposite party no. 2 and the Shebait/owner of the debottar property when none of the said debutter property is arrayed as an accused in the said complaint. It is specifically argued that the present petitioner is denuded of any power to execute any deed of transfer or to take any step which emanated from the agreement entered between the parties way back in the year 2010 since the Shebait expired on May 06, 2021. It is further argued that the complaint was lodged under Section 156(3) of the Cr.P.C. specifically alleging that the present petitioner had the intention to cheat the present opposite party no. 2 from the inception when the written complaint explicitly manifest that the present petitioner not only entered into that agreement, raised the construction and also put the present opposite party no. 2 into an alternative accommodation and continued to pay the rental amount as agreed till demise of such She bait that is in the year 2021. During this long span of time, no complaint was ev