Abhijit Chakraborty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32493 of 2023 Arising Out of PS. Case No.-2098 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ABHIJIT CHAKRABORTY Son of Shri Ranjit Chakraborty Resident of 42/166, Bedia Danga, 2nd Lane (New Ballygunj Road), 2nd Floor, P.S.- Tiljala, District - South 24 Parganas (West Bengal), Presently posted as Zonal HR, M/s Bajaj Allianz Life Insurance Co Limited, Having its office situated at 6the Floor, Money Square, 164, Manil Talla Main Road, Promises No.- 41, Canal Circle Rokad, Money Equamar, Premises, P.S.- Fulbagan, District - Kolkata, West Bengal, Pin - 700058 ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mukesh Kumar Pawan Son of Lt. Brajendra Kumar Singh Resident of South Mandiri, Kathpul, Police Station - Budha Colony, Post Office - GPO, District - Patna, Pin - 800001 (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Gupta For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as learned counsel for the opposite party No. 2.

2. This case was heard on 05.09.2024 along with Cr. Misc. No. 32218 of 2023 and Cr. Misc. No. 32220 of 2023 and, thereafter, M/s Bajaj Allianz Life Insurance Company Limited (hereinafter referred to as 'the Insurance Company') has handed over the relieving letter to the opposite party No. 2 who is present in the Court.

3. The prosecution case in brief is that the complainant namely Mukesh Kumar Pawan was appointed as an Area Manager at M/s Bajaj Allianz Life Insurance Company

Patna High Court CR. MISC. No.32493 of 2023(2) dt.09-09-2024 2/3 Limited on 01.12.2019. Thereafter, he was working at a salary of Rs. 9,50,004/- (Rupees Nine Lacs Fifty Thousand Four) only. He was also provided an annual increment of 5% which further makes his salary to Rs. 9,97,504/- (Rupees Nine Lacs NinetySeven Thousand Five Hundred Four) only. Thereafter, the senior officials of the company started harassing him so that the complainant would leave his job. Eleven persons arraigned as accused were senior officers of the complainant. It is alleged that on 13.05.2021, an amount of Rs.

4,00,000/- (rupees four lacs) only was demanded from the complainant on phone by accused persons namely Shri Anil Kumar (posted as Circle Head, Patna), Shri Pradipta Singha Roy (Key Accounts Manager), Shri Anirban Dastidar (Zonal Head Kolkata) and Shri Ajay Mukherjee (Zonal Business Head). It is further alleged that on 15.05.2021, accused namely Shri Anil Kumar met the complainant and demanded Rs 4,00,000/- (rupees four lakhs) only. The complaint was informed on 17.05.2021 through an email that his service has been terminated. It is also alleged that the accused persons have violated the terms and conditions of the appointment letter dated 24.10.2019 and misappropriated an amount of rs.2,25,000/- (Rupees Two Lacs Twenty-Five Thousand) only.

Patna High Court CR. MISC. No.32493 of 2023(2) dt.09-09-2024 3/3 suffered a loss of an amount of rs.2,29,31,000/- (Rupees Two Crores Twenty-Nine Lacs Thirty-One Thousand) only on his salary head due to his wrong discharge and it is for this reason, the accused persons were alleged to have committed the offence punishable under sections 385, 386, 406, 420, 506, 504 and 120b of Indian Penal Code.

4. Now, the opposite party No. 2 has no grievance against the Insurance Company though he submits that he lost three years of professional life because of the non-supplying of the relieving letter by the Insurance Company.

5. The Insurance Company had its own reasons for not supplying the relieving letter, but now the relieving letter has been issued.

6. The opposite party No. 2 also does not want to continue this case.

7. In these circumstances, this application is allowed.

8. The prosecution case of the petitioner in connection with Complaint Case No. 2098(C) of 2021 pending in the Court of learned Judicial Magistrate, 1st Class, Patna is hereby quashed.

(Sandeep Kumar, J) Saif/- U T