KAMAL KUMAR KOTHARI Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-2-11
HIGH COURT TRIPURA
Decided on February 11,2019

Kamal Kumar Kothari Appellant
VERSUS
STATE OF TRIPURA Respondents


Referred Judgements :-

SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS WEST BENGAL VS. MOHAN SINGH [REFERRED TO]
STATE OF KARNATAKA VS. L MUNISWAMY [REFERRED TO]
UNION OF INDIA VS. PRAFULLA KUMAR SAMAL [REFERRED TO]
V C SHUKLA VS. STATE [REFERRED TO]
STREE ATYACHAR VIRODHI PARISHAD STATE OF MAHARASHTRA VS. DILIP NATHUMAL CHORDIA:DILIP NATHUMAL [REFERRED TO]
ALL INDIA BANK OFFICERS CONFEDERATION VS. UNION OF INDIA [REFERRED TO]
CHANDDHAWAN VS. JAWAHARLAL [REFERRED TO]
STATE OF MADHYA PRADESH VS. KRISHNA CHANDRA SAKSENA [REFERRED TO]
KRISHNAN VS. KRISHNAVENI [REFERRED TO]
STATE OF MADHYA PRADESH VS. MOHAN LAL SONI [REFERRED TO]
STATE VS. NAVJOT SANDHU alias AFSHAN GURU [REFERRED TO]
STATE OF ORISSA VS. DEBENDRA NATH PADHI [REFERRED TO]
KALYAN CHANDRA SARKAR VS. RAJESH RANJAN [REFERRED TO]
KAILASH VERMA VS. PUNJAB STATE CIVIL SUPPLIES CORPORATION [REFERRED TO]
STATE OF ORISSA VS. SAROJ KUMAR SAHOO [REFERRED TO]
S M S PHARMACEUTICAL LTD VS. NEETA BHALLA [REFERRED TO]
HAMIDA VS. RASHID ALIAS RASHEED [REFERRED TO]
SUNITA JAIN VS. PAWAN KUMAR JAIN [REFERRED TO]
S K ALAGH VS. STATE OF U P [REFERRED TO]
R KALYANI VS. JANAK C MEHTA [REFERRED TO]
SHAKUNTALA DEVI VS. CHAMRU MAHTO [REFERRED TO]
SATISH MEHRA VS. STATE OF N.C.T. OF DELHI [REFERRED TO]
VINAY TYAGI VS. IRSHAD ALI @ DEEPAK [REFERRED TO]
HARDEEP SINGH VS. STATE OF PUNJAB [REFERRED TO]
SHARAD KUMAR SANGHI VS. SANGITA RANE [REFERRED TO]
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION VS. DR. ANUP KUMAR SRIVASTAVA [REFERRED TO]
ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]


JUDGEMENT

- (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.


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