Authority: Calcutta High Court, Criminal Revisional Jurisdiction, Appellate Side
Order Date: 21 July 2026
Case Overview
- Petitioners: Managing Director of Bajaj Finserv & Anr., represented by counsel Mr. Pratim Priya Dasgupta, Mr. Om Srivastava, Mr. Amit Dey, Mr. Swastik Polley, Ms. Swarnali Saha.
- Opposite Party No.2 (complainant) and State of West Bengal; case No. CR/561/2020.
- Allegations: cheating, forgery, criminal breach of trust, etc., relating to a personal loan of Rs 69,000 taken on 30‑09‑2017, later converted to a loan of Rs 63,830 during COVID‑19; claim that finance company demanded excess amount after repayment of Rs 49,979.49.
- Petitioners argued the matter is a continuous commercial transaction over more than three years, thus civil in nature; no specific forged documents identified; conversion of loan was consented.
- Respondent argued loan was repaid, conversion done without permission, amount misappropriated, and sought continuation of criminal proceedings.
Court Observations
- Investigation report dated 01‑12‑2022 by Sub‑Inspector Dulal Biswas showed the complainant had requested conversion, authenticated via mobile; repayment of Rs 49,979.49 not reflected in accused’s documents.
- Court found no ingredient of cheating, forgery, or criminal breach of trust; complaint silent on forged documents and common intention.
- Noted procedural defect: Section 202 CrPC investigation not conducted by competent authority; summons issued mechanically.
- Cited Supreme Court judgments (Indian Oil Corp. v. NEPC, G.Sagar Suri v. State of U.P.) warning against converting civil disputes into criminal cases.
- Concluded that the dispute is purely civil; criminal provisions cannot be invoked by implication.
Final Outcome
- CRR 2494 of 2025 allowed; the criminal proceeding (CR case no. 561/2020) pending before ACJM Berhampore is quashed.
- Parties may pursue civil remedies for loan recovery.
Topics: Criminal Procedure, Loan Dispute