JUDGEMENT
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(1.)The present revisional application is filed by the petitioners under Section 482 CrPC for exercising the inherent
power of this Court wherein the legality, propriety and correctness
of the order dated 06.08.2018 passed by the learned Addl.
Sessions Judge (Court No.5), Agartala, West Tripura in connection
with Criminal Revision No. 13/2018 arising out of case No. PRC
239/2010 thereby affirming the order dated 11.06.2018 passed by the learned Chief Judicial Magistrate, West Tripura, Agartala
wherein the charges were framed against the petitioners under
Section 120B/406/420/109 of the IPC.
(2.)Facts in a nutshell:
The present petitioners have been arrayed as accused in connection with PRC 239/2010 pending before the learned CJM, West Tripura which corresponds to West Agartala PS case No. 102/2010 dated 13.03.2010 for being the Directors of a Company named and styled as M/S Guinness Securities Limited, (hereinafter referred to as 'GSL'), a company incorporated under the provisions of the Companies Act, 1956 having its corporate office at Guinness House, 18, Deshapriya Park Road, Calcutta, 700026.
(3.)On perusal of the order dated 06.08.2018, I find that one Joydeep Roy Barman lodged as FIR with the Officer-In-Charge of the West Agartala Police Station on 13.03.2010 alleging inter alia, that
in the month of November, 2008 one Vibekananda Modak representing himself as an agent of GSL
approached him with a proposal that if he invests in shares through GSL, then he would ensure that
the informant would get handsome returns. Upon his assurance, the informant Sri Roy Barman
investing a sum of Rs.33,00,000/- (Thirty Three lakhs) through shares in GSL. Since the informant,
i.e. the respondent No.2 was not informed about the details of transactions in his account he visited
the office of GSL at Kolkata wherein he was informed that his account was in debit to the tune of
Rs.36,00,000/- (Thirty Six Lakhs). The respondent No.2 held a meeting with the petitioner Nos. 1 &
2 and one Dipak Parekh, Prabir Chatterjee and Babulal Nolkha were the persons in charge and responsible for the day to day affairs of the GSL.