Mannalal Chamaria & Anr. v. State of West Bengal
CRIMINAL APPEAL NO. 213 OF 2006
With CRIMINAL APPEAL NO. 215 OF 2006 With CRIMINAL APPEAL NO. 217 OF 2006
These appeals are related to to the alleged failure (and consequential effect) of Pradip Sarkar to specifically state in his complaint that the appellants/accused persons were incharge of and responsible for the conduct of the business of M/s. Heritage Herbs Ltd. of which they were said to be Directors. In a complaint filed on 31st March, 2001, Pradip Sarkar alleged that Heritage Herbs had made an offer for collecting money from the market with a view to allot land to the intending investors. On that basis Pradip Sarkar invested an amount of Rs.1,50,000/- and Heritage Herbs issued three receipt-cum-allotment letters for three plots of land to Pradip Sarkar. Pradip Sarkar was also handed over three cheques of Rs. 61,000/- each. All the three cheques were deposited by Pradip Sarkar but were dishonoured by the concerned bank. This led Pradip Sarkar to take steps to issue a notice to and initiate proceedings against Heritage Herbs and Raj Kumar Chamaria. During the pendency of the proceedings Raj Kumar Chamaria died. Thereafter, Pradip Sarkar moved an application for impleading the appellants as accused persons. Feeling aggrieved by their impleadment and summons issued to them, the appellants preferred Criminal Revision Petitions in the Calcutta High Court, which dismissed the petitions. The appellants have challenged the order of the Calcutta High Court and the only contention urged is that no specific allegations were made against them either in the complaint as originally filed. Insofar as the first complaint is concerned, the appellants were not even made parties and therefore there is no question of any allegations being made against them in that complaint. Under these circumstances, Supreme Court gave the verdict that the complaint against the appellants deserves dismissal. A contrary view taken by the High Court cannot be accepted….read more
