IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 2378 of 2022 With CRAN 1/2022 Shib Shankar Saha & Another Versus The State of West Bengal & Another For the Petitioners : Mr. Sanjay Banerjee, Adv.

Mr. Joydeep Bhattacharjee, Adv.

For the State : Mr. Avishek Sinha, Adv.

Heard on : 08.01.2025 Judgment on : 07.03.2025 Ajay Kumar Gupta, J:

1. Petitioners being the accused persons have filed this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 seeking for quashing of the proceeding being G.R. Case No. 49 of 2013 arising out of Shakespeare Sarani Police Station Case No. 7 of 2013 dated 02.01.2013 in which Charge Sheet No. 125/14 dated 24.09.2014 has been submitted under Sections 420/120B of the Indian Penal Code, 1860 pending before the Court of the Learned Metropolitan Magistrate, 4th Court at Calcutta.

2. The essential facts are relevant for the disposal of the present application as under: -

2a. Petitioner no. 1 was engaged in the business of selling computers with his place of business situated at 1/1A, Biplobi Anukul Chandra Street, Kolkata – 700 072. Petitioner no. 2 is his wife.

2b. The petitioner no. 1 availed of a Cash Credit/Overdraft facility from Allahabad Bank, Chowringhee Branch amounting to Rs. 35 Lakhs. However, he became indebted and was unable to liquidate the cash credit. Consequently, around 2013, he was compelled to close the business.

2c. On 09.10.2012, the Chief Manager of Allahabad Bank, Chowringhee Branch lodged a written complaint before the Officer-in- Charge, Shakespeare Sarani Police Station alleging, inter alia, that the petitioner no. 1, being the proprietor of Sankalp Infosys along with the petitioner no. 2, namely, Papiya Saha (wife of the petitioner no. 1) having its registered office at 1/1A, Biplobi Anukul Chandra Street, Kolkata – 700 072 had obtained Cash Credit/Overdraft facility of Rs. 35 Lakhs on 06.06.2009 using fraudulent means.

2d. The petitioner no. 1 along with his wife both assured that they will pay the outstanding balance of Rs. 32,76,453/- as on 30.09.2012. Due to unreasonable suspicion, the Bank verified the documents submitted by the petitioners and found prima facie reasons to doubt their authenticity.

2e. It was further alleged that the petitioners misrepresented themselves as reputed businessmen and using fabricated, false and forged documents, defrauded the bank and conspired to cheat the bank and misappropriated public money.

2f. Based on the written complaint, Shakespeare Sarani Police Station Case No. 7 of 2013 dated 02.01.2013 under Sections 420/120B of the Indian Penal Code, 1860 was registered against the petitioners and initiated investigation.

2g. Upon completion of investigation, the Investigating Officer has submitted a Charge Sheet being No. 125/14 dated 24.09.2014 under Sections 420/120B of the Indian Penal Code, 1860 against the petitioners. On 27.11.2014, the Learned Metropolitan Magistrate, 4th Court, Calcutta took cognizance of the offence and issued summons upon the petitioners.

2h. Subsequently, on 10.02.2021, the Learned Trial Court framed charges under Sections 420/120B of the IPC against both the petitioners, who pleaded not guilty and claimed to be tried.

2i. However, the petitioners contended that there is no iota of ingredients of criminal offences far less any offences punishable under Sections 420/120B of the IPC. They contended that non- payment or outstanding dues of a cash credit constitute a purely nature of civil disputes. Hence, this Criminal Revisional application.

SUBMISSION ON BEHALF OF THE PETITIONERS:

3. Learned counsel appearing on behalf of the petitioners strenuously argued that the petitioner no. 1, in the ordinary course of business, applied for and availed Cash Credit from the said bank. The said cash credit/loan was secured against a fixed deposit by the petitioners.

4. It was further submitted that after about 3 years of expiry of