Dasrathbhai Narsangbhai Chaudhary @ Dasrath Chaudhary & Another Vs State of West Bengal & Another (Calcutta High Court)
Conclusion: Non-payment of outstanding dues towards Outstanding Salary or Performance Bonus by the company did not amount to Criminal breach of trust as there was nothing in the complaint to show that assessee had dishonest and fraudulent intention at the time, when the opposite party had been engaged or worked and moreover, these disputes were apparently civil in nature and that could be decided by Civil Court.
Held: In the instant case, assessee being the accused persons had filed this Criminal Revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 praying for quashing of the Complaint Case No. 180 of 2020 filed by the complainant making accusations under Sections 420/406/34 of the Indian Penal Code, 1860 against the company and its Directors, herein. It was admitted fact that the complainant, namely, Debasis Majumdar was an employee of the accused company, namely, Safal Life Science (P) Ltd. on and from 31st March, 2017 in view of the appointment letter issued by the company’s Board of Directors. He was employed as Chief Executive Officer with effect from 1st April, 2017. He worked till the financial year 2018-2019. The claim of Debasis Majumdar was that he was entitled to get a total Outstanding Salary and Performance Bonus after deducting the income tax including penalty, as the case may be, to the tune of Rs. 1,47,64,833/- (Rupees One Crore Forty-Seven Lakh Sixty-Four Thousand Eight Hundred and Thirty-Three) only. However, the said amount was not paid by the accused persons to the complainant as alleged. It was held that it had nowhere been stated that at the very inception there was any intention on behalf of assessee to cheat, which was a condition precedent for an offence under Section 420 of the Indian Penal Code, 1860. Furthermore, there was nothing in the complaint to show that assessee had dishonest and fraudulent intention at the time, when the opposite party no. 2 had been engaged or worked. It was further admitted facts that the company had paid Salary and Performance Bonus to the complainant. Dispute arose between the parties when the said company allegedly failed to pay the outstanding amount of Rs. 1,47,64,833/- (Rupees One Crore Forty-Seven Lakh Sixty-Four Thousand Eight Hundred and Thirty-Three) only as Salary and Performance Bonus and the said non-payment was for work done by the opposite party no. 2 as Chief Executive Officer in the company, namely, Safal Life Science (P) Ltd. These disputes were apparently civil in nature and that could be decided by Civil Court. No other prima facie ingredients were made out by the opposite party no. 2 in a Court complaint case regarding offence punishable under Section 420 of the CrPC as alleged. A reading of the complaint petition in question did not disclose any specific role or act or particulars of the assessee resulting in commission of the offences alleged. It was crystal clear that non-payment of outstanding dues towards Outstanding Salary or Performance Bonus by the company did not amount to Criminal breach of trust.
