This application under Section 482, read with Section 401 of the Code of
Criminal Procedure, 1973 has been filed by the petitioner against an order
dated September 19, 2023 passed by the Learned Additional Chief Judicial
2026:CHC-AS:288
Magistrate (in-charge) Kalyani, in connection with Kalyani Police Station case
no 642 of 2022 whereby refused the prayer for further investigation .
Brief Fact of the case
2. The facts leading to filing of this case is that the petitioner happens to be the
Director of M/s. Bengal Surgical Limited .He lodged a written complaint on
November 17, 2022, before the Inspector-in-charge, Kalyani Police Station
against the present Opposite Party no.2 who used to work for gain as an
accountant in his office from July 9, 2016 alleging misappropriating huge
amount of money to the tune of ₹2, 35, 60, 509 by using net banking service
which came to the knowledge of the complainant when the Opposite Party no.
2 withdrew the amount on various dates from IndusInd Bank. The Opposite
Party no. 2, confessed his guilt before him and admitted to refund the entire
amount to the company, but paid only ₹83, 79,000/-. On August 22, 2023,
and August 23, 2023, the Opposite Party no. 2 had called the Director of the
company at his residence to complete the entire embezzled amount, but
threatened with the help of some local miscreants, to the Directors with
serious consequences in future and will not pay a single penny. Hence the
complaint had to be lodged. After that in connection with the said complaint,
the Opposite Party no. 2 was served with a notice under Section 41A of the
Code of Criminal Procedure, 1973, and after that charge-sheet was submitted
on May 31, 2023, under Section 420/406 of the Indian Penal Code, 1860 only
against the Opposite Party no. 2.
