Amit Kumar Modi v. State Of West Bengal And ANR

25.09.2024

IN THE HIGH COURT AT CALCUTTA

Sl. No.11 Criminal Revisional Jurisdiction akd C. R. R. 3319 of 2024 In Re: Amit Kumar Modi ... ... Petitioner Mr. Sandipan Ganguly .. Sr. Advocate Mr. Swaraj Shaw Mr. Prasun Mukherjee Ms. Kanchan Roy ... ... for the petitioner

1. It is submitted on behalf of the petitioner there was a commercial transaction between him and opposite party no.2. On the basis of false allegations, criminal case has been started to harass and humiliate the petitioner.

2. I have considered the allegations in the FIR. It is alleged on the false promise of offering employment to the daughter of opposite party no.2, a sum of Rs.30 lakhs was taken whereas petitioner contends said payment was made in course of commercial transaction. The rival considerations require to be thrashed out on evidence at the appropriate stage of the proceeding. However, the uncontroverted allegations, if proved, would disclose dishonest inducement of the complainant to part with money on the false promise of giving employment.

3. Hence, I am not inclined to quash the proceeding.

4. Petitioner is at liberty to agitate the issues raised herein at the appropriate stage of the proceeding in accordance with law, if so advised.

5. With the aforesaid observations, CRR 3319 of 2024 is disposed of.

6. Photostat certified copy of this order, if applied for, be given to the petitioner on usual undertaking.

(Joymalya Bagchi, J.)