Kkalpana Industries (India) Limited And Vs State of West Bengal And Others (Calcutta High Court)
The Calcutta High Court disposed of a writ petition concerning the progress of an investigation into an alleged fraud involving approximately ₹13 crore. The petitioner company submitted that it had lodged a complaint alleging duping of ₹13 crore, following which Shakespeare Sarani P.S./DD Case No. 61 dated 3 April 2023 was registered under Sections 120B and 420 of the Indian Penal Code. The petitioners contended that despite the initiation of criminal proceedings, the investigation had not been concluded. They sought directions for filing the investigation report before the jurisdictional Magistrate or, alternatively, for the investigation to be supervised by a higher authority.
The State produced a communication dated 22 June 2026 from the Sub-Inspector, Special Cell (GS), Detective Department. It disclosed that the investigation had been transferred from Shakespeare Sarani Police Station to the Detective Department. Notices under Section 41A of the Code of Criminal Procedure had been issued to the Managing Director of CMI Energy India Private Limited, who appeared before the investigating agency on multiple occasions.
During interrogation, the accused stated that ₹12,42,94,340 was payable to the petitioner company and that cheques amounting to ₹6,71,90,498 had been issued but were dishonoured. The accused also submitted a list of debtors, claiming that amounts were receivable from those entities. Based on this information, notices under Sections 91 and 160 of the Code of Criminal Procedure were issued to more than sixty-one companies. Replies from some companies indicated that no outstanding amounts were payable to the accused company. The communication also referred to a dispute pending before the National Company Law Tribunal between the petitioner company and the accused company.
