AI Structured Summary
Not yet generated for this judgment
Judgment
S. Talapatra, J.—Heard Mr. A. Roy Barman, learned counsel appearing for the petitioner, who has challenged the proceeding being C.C. No. 03 of 2007 now pending in the court of the Chief Judicial Magistrate, West Tripura, Agartala and also Mr. P.K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the complainant-respondent.
At the outset Mr. P.K. Biswas, learned senior counsel has made a statement in the Bar that the complainant has withdrawn her allegation against the petitioner and she has also withdrawn the complaint filed against the bank and the petitioner to the District Consumer Disputes Redressal Forum, West Tripura, Agartala.
On perusal of the complaint, this Court finds that there exists no material to take cognizance against the petitioner under Sections 406/420 of the I.P.C. Furthermore, it has been submitted by Mr. A. Roy Barman, learned counsel appearing for the petitioner that on the relevant date, the petitioner had been attending an official meeting at Jamshedpur and the petitioner had produced the minutes of the said meeting appended with the petition which is not been contradicted by Mr. P.K. Biswas, learned senior counsel. As such, the involvement of the petitioner is not only absurd but improbable as well as from the materials so placed in the complaint, no case against the petitioner has been made under Sections 406/420 of the I.P.C. The complaint being C.C. No. 03 of 2007 therefore, stands quashed and the petitioner is discharged from the criminal liability.
Accordingly, this petition stands allowed.