Suraj Kumar Ray @ Suraj Kumr Roy And Another v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION 25.09.2024 as C.R.R. No. 3352 of 2024 In the matter of : Suraj Kumar Ray @ Suraj Kumar Roy & Anr.

.....petitioners Mr. Sabir Ahmed Mrs. Sayani Ahmed ....... for the petitioners 1.

Petitioners contend there is no material to show that the loan had been credited to their account or utilized by them. Hence, they pray for quashing of the impugned proceeding. 2.

I have considered the allegation in the FIR. It is alleged therein that petitioner no.2 was a friend of opposite party no.2, complainant. She introduced the complainant to her brother i.e. petitioner no.1. The latter assured her of employment and took her identity documents i.e. Aadhar Card and Pan Card etc. Subsequently, she came to know a loan of Rs.10 lakhs was obtained from INCRED Financial Services Ltd. by petitioner no.1 utilizing those documents.

3.

In the light of the aforesaid materials on record, it cannot be said that the uncontroverted allegations do not give rise to reasonable suspicion of commission of cognizable offences viz. cheating and criminal breach of trust.

4.

Under such circumstances, no case for interference at this stage is made out. It is open to the petitioners to canvass their defence at the appropriate stage of the proceeding in accordance with law, if so advised.

5.

Accordingly, the revisional application is disposed of. 6.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Joymalya Bagchi, J.)