The New India Assurance Company Ltd. vs The State of Jharkhand and Mr. Abhay Kumar

H.C. Mishra

Heard Learned Counsel for the petitioner and Learned Counsel for the State, as also Learned Counsel for O.P. No. 2, who has appeared upon notice. Petitioner is aggrieved by the order dated 12.7.2010 passed by Sri Shwayambhu, learned Judicial Magistrate, 1st Class, Palamau at Daltonganj, in Complaint Case No. 1152 of 2009, whereby the complaint petition filed by the Complainant New India Assurance Company Ltd.. has been dismissed by the Court below u/s 203 of the Cr.P.C. In the said complaint case No. 1152 of 2009, the O.P. No. 2, who was posted as Development Officer in the said Company, was made the sole accused.

There is allegation against the O.P. No. 2 to have issued Cover Note with respect to a bus which had met with an accident, without following the rules and norms of the Company, for which he was departmentally proceeded and punished. It is alleged in the complaint petition that the accused O.P. No. 2 wrote letters to the Chairman-cum-Managing Director threatening to commit suicide, for which the Company was to be responsible. Alleging that the threat given by the accused to commit suicide created an alarming situation in the Company and in between its employees, and those letters were written by the accused for pressurizing the company and its officers to act in the manner in which the Company was not legally bound to act, the Complaint petition was filed by the complainant Company the Court of the Chief Judicial Magistrate Palamau at Daltonganj, for the alleged offences under Sections 500 and 506 of the Indian Penal Code. The two letters, which were allegedly written by O.P. No. 2, were also brought on record by the Complainant, which showed that the letters were addressed to one Shri Bimlendu Chakroverty, the Chairman-cum-Managing Director (in short the CMD) of the New India Assurance Company Ltd., by the O.P. No. 2, stating that he tried to get justice from the CMD, but as he was not getting justice, he and his family members were under mental agony and if no order is passed in his favour, he shall be compelled to commit suicide for which the addressee of the letter namely, Bimlendu Chakroverty, CMD of the Company would be solely responsible (Jimmewar aap swaim honge).

It appears that the statement of the Branch Manager of the complainant Company, through whom, the complaint petition was filed, was recorded on S.A. and during enquiry one witness was also examined, on the basis of which, the Court below by order dated 12.7.2010, dismissed the complaint petition u/s 203 of the Cr.P.C., finding the no offence was made out against the accused for either of the Sections 500 or 506 of the IPC.

Learned Counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal and cannot be sustained in the eyes of law. So far as offence u/s 500 IPC is concerned, Learned Counsel very fairly conceded that in the facts of the case, offence u/s 500 IPC was not at all attracted. Learned Counsel submitted that the offence is certainly made out against the accused O.P. No. 2 u/s 506 IPC, in as much as, in the letters which have been brought on record, there is a clear threat to the Chairman-cum-Managing Director of the Company to act in a particular manner, otherwise the addressee would be responsible if the O.P. No. 2 committed suicide. Learned Counsel accordingly, submitted that this clearly amounts to criminal intimidation to the Company and makes out the offence u/s 506 IPC, against the O.P. No. 2. Learned Counsel accordingly, submitted that the impugned order cannot be sustained in the eyes of law.

Learned Counsel for the State, as also Learned Counsel for the O.P. No. 2 on the other hand, submitted that there is no illegality in the impugned order worth interference in the revisional jurisdiction, in as much as, after proper enquiry, the complaint petition was dismissed u/s 203 of the Cr.P.C. It has been submitted by the Learned Counsels that no offence is made out u/s 506 IPC as well.

Having heard Learned Counsels for both the sides and upon going through the record, I find that the letters were addressed to Sri Bimlendu Chakroverty, CMD of the Company, and even it is taken to contain some threats, it is solely against the person viz., Bimlendu Chakroverty, who was the Chairman-cum-Managing Director of the Company, in his personal capacity, and not at all against the Company, which is evident from the expression used in the letter Jimmewar aap swaim honge''. In that view of the matter, I find that no complaint was maintainable by the petitioner New India Assurance Company Ltd., on the basis of the letters brought on record.

This apart, the letter clearly shows that the employee was under the mental stress along with his family members and he was only praying for justice in his favour, and in that endeavor, he has only stated that due to his mental stress, he may commit suicide, for which, Shri Bimlendu Chakroverty, CMD of the Company would be solely responsible. The plain reading of the letter clearly shows that the author thereof only wanted to get justice from the CMD and there is nothing in the letter to show that the threat, if any, was given to cause the CMD of the Company, to do any act which he was not legally bound to do, or to omit to do any act which he was legally entitled to do. In that view of the matter, I am of considered view that no offence of criminal intimidation is made out against the O.P. No. 2 on the basis of the allegation leveled against him in the complaint petition, which was rightly dismissed by the learned Magistrate in exercise of the power u/s 203 of the Cr.P.C. For the foregoing reasons, I do not find any illegality and/or irregularity in the impugned order worth interference in the revisional jurisdiction. There is no merit in this application, which is accordingly, dismissed.