In the Court of the Learned
Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas
Complaint Case No. of 2023
In
the matter of ;
An
application under Section 156(3) of the Criminal Procedure Code, 1973;
AND
Kasba Police Station
In
the matter of ;
Sri
Prithijeet Das, Son of Nirmalendu Das, aged about 40 years, working for Gain as
Zonal Legal Head, at M/s. Tata Motors Finance Solutions Limited, (formerly Tata
Motors Finance Limited) having its Office at Wing A, 6th Floor, Rene
Tower, Plot AA-1, 1842, Rajdanga Main Road, Kolkata – 700107, Police Station
Kasba, District South 24 Parganas, Mobile Number : 9734357722, Email : Prithijeet2.Das@tmf.co.in
_________Complainant
-
Versus –
Bijoy
Paul, Son of Jagabandhu Paul, residing at Premises being no. 273, Purba
Putiary, Natun Palli, Keorapukur, Kolkata – 700093, Police Station –
Haridevpur, District South 24 Parganas, Mobile Number : 8240250923;
_____________Accused
The
humble petition of the above named Complainant, most respectfully;
Sheweth as under;
1.
That the Petitioner is a peace loving
and law abiding Citizen of this Country, working for gain at the Company &
address given in the cause title of this application. The Petitioner is a Zonal
Legal Head and a person of integrity.
2.
That the Complainant’s Company M/s.
Tata Motors Finance Solutions Limited (formerly Tata Motors
Finance Limited), is a Non-Banking Finance Company,
and is governed by the Regulations of the RBI. The Core business of the Company
is financing and includes providing loan facility to the intending customers
for the purchase of vehicles for both personal and commercial uses.
3.
That the
Complainant’s Company for the purpose of Recovery of Overdue amount from its
Customer, hiring Agency, whose personnel used to visit the customer in pursuing
the overdue amount and collect the same and to deposit such collected money in
the Loan Account of the Customer. Pertinently, the person of said agency will
issue the money receipt against the money taken by him from the Customer.
4.
That in course of such practices, the
Complainant Company hired the services of Agency namely M/s. Intellect Support
Services Private Limited, who rendered the services of recovery of overdue
money from the Customers, following RBI Guidelines, in such aspects.
5.
That the accused Person Bijoy Paul,
has been employed by the said Agency namely M/s. Intellect Support Services
Private Limited, vide the Employment Letter Dated 15th
–January-2022, such appointment has been assigned as CRE- Collections – All
Products (4-15) Bkt with Emp Code TMF12791. The accused has accepted the
employment and in such course has submitted his KYC. The Job of the accused is
to collect money (EMI) from the allocated customers of the Complainant Company,
and to deposit to respective customer’s account.
6.
That while it has been learnt that
during discharge of the accused collected the following amounts on 28/02/2022,
totaling to an amount of Rs. 43,200/- (Rupees Forty Three Thousand and Two
Hundred) only, from two customers but despite repeated follow up, the accused
person did not deposit the said collected amount into customer’s respective
loan account. The accused person is absconding from his duties since
01/03/2022.
|
Receipt No. |
Agency Name |
Executive/BYOD ID |
Contract |
Type |
Amount |
Trans Date |
Customer Mobile No. |
CRE Mobile No. |
Hirer_Name |
|
280222000000241 |
Intellect |
BIJOY PAUL 10001114337 |
5003911025 |
Cash |
20,000.00 |
28-02-2022 07:09 |
9883076190 |
8240250923 |
PARTHA MAJUMDAR |
|
280222000061644 |
Intellect |
BIJOY PAUL 10001114337 |
8000119724 |
Cash |
23,200.00 |
28-02-2022 19:29 |
9748365363 |
8240250923 |
Ajay Manna |
7.
That pertinently such fact of
misappropriation of collected money has been come from the Customers, whose
money has been taken and did not deposit in their respective Loan Account with
the Complainant’s Company. The Customers (1) Partha Majumdar and (2) Ajay Manna
informed in writing with their prayer.
8.
That immediately on being came into
knowledge, the Complainant went to the Police Station under whose jurisdiction
the accused person residing to lodge the fact with a prayer for registration of
an FIR against the accused person in the given true state of affair of the
accused person. The same has not been received by the Haridevpur Police Station
and suggested to Lodge such fact with the Kasba Police Station, which the
Complainant lodged with the Kasba Police Station on 02-01-2023. The Kasba
Police Station suggested to lodge such fact with Haridevpur Police station, and
on such suggestion the concern of refusal by Haridevpur Police Station informed
duly, then the concerned Police officer of the Kasba Police Station asked to
submit again as he will speak to the Haridevpur Police Station. The Complainant
thus again approached the Haridevpur Police Station on 04-01-2023, and the said
complaint has been received under the seal & signature. But the Police
Stations did not register any FIR and did not proceed any investigation into
the matter of complaint which clearly on bare perusal disclose the fact of the
cognizable nature of offence.
9.
That thereafter on expiry of
substantial period, the Complainant wrote Letter to the Commissioner of Police
on 19-08-2023, with a request for direction of registration of an FIR by the
concerned Police Station; But yield no result.
10.
That the act of the accused clearly
attracts the ingredients of Criminal Breach of Trust, cheating and misappropriation
of money collected from the borrowers of the complainant company. It is
therefore requested to enquire the matter and do necessary action to punish the
accused person.
11.
That as the Police did not do
anything, and did not even answer anything on the written complaint of your
petitioner. Such inaction of Police given due indulgence to the accused for his
continuous unlawful performance and shelter to his guilty conscious.
12.
That even after acknowledgment of
facts to the Police authority concern, the Police did not register any FIR and
did not cause any necessary investigation against the accused person. The
Police inaction of the concerned Police authority given due indulgence to the
accused person to be continued in such acts and omission, violating the Law and
the rights of the complainant.
13.
That Your Complainant submits that unless there is an Order from
Your Honour directing the concerned Police Station to investigate into the
matter, Your Complainant will suffer irreparable loss and injury and will be
seriously prejudiced.
14.
That your petitioner is a victim of
the offences committed by the said accused person and also by the Police for
inaction. The accused person has committed offences punishable under Indian
Penal Code, 1860.
15.
That on the expiry of considerable
period, your petitioner realized that the Police will not cause any
investigation against the accused persons, as such the accused person is an
influential, your petitioner came before the Learned Court to get justice as to
fair investigation in accordance with the Criminal Procedure Code’ 1973, is
desirable.
16.
That your Petitioner crave leaves to
produce relevant documents and / or papers at the time of investigation, or as
and when asked for by the Investigating Authority.
17.
That the application is made bona fide and for the interests
of Justice.
Under the aforesaid circumstances, Your
Complainant most humbly pray that Your Honour may graciously be pleased to send
the petition in complaint to the Officer-in-Charge, Kasba Police Station as per
provisions under Section 156(3) of the Code of Criminal Procedure’ 1973, for
causing investigation on treating the petition of complaint as First
Information Report and/or to pass such other further necessary Order/Orders as
Your Honour may deem, fit, and proper for the end of Justice.
And
for this act of kindness, Your Complainant as in duty bound shall ever pray.
Verification
I, Prithijeet Das, being the
complainant herein named above, made this instant application under section 156
(3) of the Criminal Procedure Code’ 1973, and whereas the material facts and
circumstances as mentioned herein above in the forgoing paragraphs are true to
the knowledge and belief. I verified this instant application as on …….…the day
of August’ 2023, at the Alipore Criminal Court Premises.
Affidavit
I,
Sri
Prithijeet Das, Son of Nirmalendu Das, aged about 40 years, working for Gain as
Zonal Legal Head, at M/s. Tata Motors Finance Solutions Limited, (formerly Tata
Motors Finance Limited) having its Office at Wing A, 6th Floor, Rene
Tower, Plot AA-1, 1842, Rajdanga Main Road, Kolkata – 700107, Police Station
Kasba, District South 24 Parganas, do hereby solemnly affirm and says
as follows :
1.
That
I am representative & Authorized Signatory of the complainant in the above
referred application under Section 156 (3) of Criminal Procedure Code’ 1973,
and I am competent to swear this affidavit.
2.
That
I say that the Kasba Police Station did not lodge any F.I.R. on this facts as
stated in my application under Section 156 (3) of Cr.P.C., and did not cause
any enquiry and or investigation into the matter of facts as stated in my
application under Section 156 (3) of
Cr.P.C.
3.
That
no case and or F.I.R. has ever been lodged and initiated on the facts and
allegations as made out by me in my application under Section 156 (3) of
Cr.P.C. by any Police Station in state of West Bengal, so far my knowledge is
concern.
4.
That
this is the first time and or occasion, when I approach the Learned Court to
get justice, on the facts and allegations as made out by me in my application
under Section 156 (3) of the Code of Criminal Procedure’ 1973.
5.
That
the statements made in the aforesaid application under Section 156 (3) of the
Code of Criminal Procedure’ 1973, are true to my knowledge and belief.
That the above
statements are true to my knowledge and belief.
Deponent
Identified
by me,
Advocate.
Prepared in my
Chamber,
Advocate.
Dated :
_______ _________________2023.
Place : Alipore
Criminal Court, South 24 Parganas.
N O T A R Y
VAKALATNAMA
District
: South 24 Parganas
In the Court of Learned Additional
Chief Judicial Magistrate, at Alipore, South 24 Parganas.
Complaint
Case no……………..of 2023.
Prithijeet Das, ………..Complainant.
-
Versus
-
Bijoy
Paul, ….……..Accused.
KNOW
ALL MEN by these presents that I / We Sri Prithijeet Das, Son of Nirmalendu
Das, aged about 40 years, working for Gain as Zonal Legal Head, at M/s. Tata
Motors Finance Solutions Limited, (formerly Tata Motors Finance Limited) having
its Office at Wing A, 6th Floor, Rene Tower, Plot AA-1, 1842,
Rajdanga Main Road, Kolkata – 700107, Police Station Kasba, District South 24
Parganas, do hereby constitute and appoint the
under mentioned Advocate, Pleader, Vakils, jointly and each of them severally
to be pleader of take such steps and proceedings as may be necessary on my /
our behalf and for that purpose to make sign, verify and present all necessary
petitions, plaints, written statements and other documents and do nominate and
appoint or retain senior counsels, vakil, advocates and other persons, lodge
and deposits moneys and documents and other papers in the Ld. Court and the
same again withdraw and to take out of Court and to obtain or grant as the case
may be effectual receipts and discharge for the same and for all moneys which
may be payable to me / us in the premises. To enter into compromise with my /
our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings arising
there out whether by way of execution, review, appeal, or otherwise or in any
manner contested there with as effectually and to all intents and purpose as I
/ We could act if personally present and such substitution and as pleasure to
revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully
done by virtue hereof.
In
witness whereof this Vakalatnama has been executed by me / us.
This
the …………………day of ………………2023
Shri
Ashok Kumar Singh, Advocate, High Court Bar Association Room No. 15, High Court
Calcutta, Mobile Number 9883070666 / 9836829666, Email : aksinghadvocate@rediffmail.com
Shri
Pritam Das, Advocate. Shri Biplab Some, Advocate. Miss Suchitra Chakraborty,
Advocate. Madhusudan Sardar, Advocate.
District
: South 24 Parganas
In the Court of the Learned Additional
Chief Judicial Magistrate, at Alipore, South 24 Parganas
Complaint
Case No. of 2023
In
the matter of :
Prithijeet
Das,
________Complainant
-
Versus –
Bijoy
Paul,
____________Accused
FIRISHTI
{Enclosure}
1. Written
Complaint to Kasba Police Station dated 02-01-2023, Written Complaint to
Haridevpur Police Station dated 04-01-2023, and the written Complaint dated 19-08-2023
to the Commissioner of Police;
2. Letter of
Appointment dated 15-01-2022;
3. Show Cause
notice for absenteeism dated March 08, 2022;
4. Accused’s
Driving License, and Aadhar Card;
5. Customer’s
Written Complaint;
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