9911796707
TMI Blog1989 (12) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... India, Nepal and Bangladesh while the petitioner No. 4 is its Regional Manager at Calcutta. On February 24, 1989, the complainant was placed under suspension by the Company and on March 9, 1989 was served with a chargesheet containing four charges, second of which reads as under : It has been reported that the agent-ERA Travels applied for the refund of ticket 2407576755/6 for the unused stretch for which the extra commission calculated amounted to Rs. 1510. This amount was handed over to you on January 6, 1989 by the agent. However, this amount has not been accounted for by you in the books. 3. By her letter dated March 18, 1989, the complainant showed cause against the charge sheet; and in controverting the above quoted charge she stated that on January 6, 1989 she was at Bhubaneswar and that she did not receive the sum of Rs. 1510 or any part thereof from M/s. ERA Travels or anybody else. Thereafter the Company by its letter dated May 15, 1989 informed the complainant that the date January 6, 1989 as appearing in the above quoted charge be read as January 5, 1989 as records indicated that it was a typographical error. 4. A domestic enquiry was thereafter held in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criminal conspiracy within the meaning of subsection (2) of Section 120A of the Indian Penal Code in respect of offences of forgery. Mr. Roy lastly argued that no fact or circumstance was averred in the complaint from which it could be said, even prima facie, that the petitioners were guilty of the offences of conspiracy or forgery. According to Mr. Roy, in the complaint it has only been stated that the petitioners committed certain offences without disclosing the necessary facts from which such conclusion was being drawn. 8. Mr. Dutt, the learned Advocate appearing for the complainant, on the other hand submitted that the averments made in paragraphs 5, 10, 11 and 15 of the complaint clearly disclosed commission of offences for which the petitioners had been summoned and as such there was no scope for quashing the proceeding at this stage. Mr. Dutt further submitted that detailed facts and circumstances in support thereof would be proved during trial and an opportunity should be given to the complainant for that purpose. 9. To appreciate the respective contentions of the parties, it will be profitable to refer to the contents of paragraphs 5, 10, 11 and 15 of the complaint, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents purporting to have been executed on a date other than the one on which those were actually executed) which were and are false documents and those documents were made with the intent to cause injury to the complainant and to support the false charge number two of the said charge sheet and obviously these were done so that the fraud might be committed on her by the accused persons aforesaid. 10. According to the allegations made in paragraph 5 of the complaint, the petitioners entered into an agreement to illegally terminate the services of the complainant by various illegal means including by making or causing to be made forged documents. Such alleged act of the petitioners; would come within the purview of the proviso under sub-section (2) of Section 120A of the Indian Penal Code which defines conspiracy, as the alleged agreement to illegally terminate the services of the complainant was not an agreement to commit an offence. Consequently, to sustain a charge of criminal conspiracy, it would be necessary for the complainant to prove that some act, besides such agreement has been done by any of the parties to such agreement in pursuance thereof. In the instant case, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in paragraph 15 of the complaint there is the allegation that the two documents in question were not executed on the dates appearing thereon and such allegation fulfills the requirement of the second part of the first clause of Section 464 to bring it within the meaning of making a false document . It is equally true that the allegation so made any answer the description of 'complaint' under Section 2(d) of the Code of Criminal Procedure ('Code' for short). But then, a Magistrate may take cognizance of an offence under Section 190(1)(a) of the Code-as has been done in the instant case-upon receiving a complaint of facts which constitute such offence. The underlined words unmistakably indicate that to entitle a Magistrate to take cognizance under Section 190(1)(a) of the Code, there should not only be a complaint, which means allegation of commission of offence, but it must contain facts which constitute the offence. That necessarily means that the basic facts and materials on which the allegation is founded are required to be stated. 15. Factual details or evidential details need not be however incorporated in the complaint, but it must contain the pith and su ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
