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Calcutta High CourtCRM/1301/2021rejected

Rajiv Majumdar v. State Of West Bengal And ORS

2021-08-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

13.08.2021 Sl. No. 18 Srimanta Ct. No. - 32 D/L CRM/1301/2021 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

In the matter of : Rajiv Majumdar.

... petitioner.

Mr. Indrajit Bhattaharjee, Adv.

...for the petitioner.

Mr. Madhusudan Sur, A.P.P., Mr. Dipankar Paramanick, Adv.

...for the State.

The petitioner was the Deputy General Manager in Rashmi Metaliks Limited being the opposite party no. 8. The allegation is that he inflated bills raised by the Company on its customers and accepted commission.

He has misappropriated close to a crore of rupees, is the allegation. Learned Advocate for the State draws our attention to the material in the Case Diary including a confessional statement recorded by the petitioner on stamp paper on January 15, 2020 admitting that he has indulged in the alleged acts.

Learned Counsel for the petitioner says that the petitioner was forced by his higher authorities to indulge in such irregular acts and the petitioner has lodged a counter complaint.

We have considered the facts and circumstances of the case. The counter complaint was lodged only on December 22, 2020. Prima facie, it appears to be an afterthought and a counterblast.

Huge amount of money is involved.

Officers/Managers of Companies must act honestly and responsibly. Investigation is in progress. We are not inclined to entertain the petitioner's prayer for anticipatory bail. Accordingly, the application being C.R.M. 1301 of 2021 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)