HC says docus filed by accused aren’t evidence sans being tested & proved

Kolkata: The Calcutta High Court refused to quash a criminal case against a managing director of a private company which in an alleged breach of contract transported contaminated coal to Raghunathpur Thermal Power station (RTPS).

The Bench of Justice Ajoy Kumar Mukherjee was moved by the MD of the private company who prayed for quashing the criminal cases against him.

The company was awarded an annual rate contract in March 2018 for transporting coal. In June 2018, three dumpers were allegedly caught red -handed while dumping contaminated coal at RTPS unloading point. Drivers allegedly admitted that the contaminated coal containing mud and stones were forcefully loaded by the company people. Their statement was recorded and accordingly an FIR was lodged. The company allegedly violated various provisions of contract and adopted fraudulent practice with ill motive. Case was registered alleging criminal breach of trust and cheating against management staff of the company and the three dumper drivers. The chargesheet was submitted in October 2019.

Petitioner’s counsel submitted that the company wasn’t made an accused in the criminal proceeding and the MD cannot be held vicariously liable for any contravention allegedly done by the company as IPC does not envisage the concept of vicarious liability.

Counsel said the chargesheet does not disclose any involvement of the petitioner. Also, an arbitration was initiated where the arbitrator passed an award in favour of the company concerned. Hence, the criminal case is liable to be set aside. Further, witnesses’ statements and evidence didn’t prima facie establish any case against him under the slapped IPC sections.

However, the court observed that under Section 482 CrPC High Court is not required to look into the evidence produced by the accused in his defence except in exceptional circumstances. The present proceeding is at the initial stage and at this stage HC cannot go into appreciation of evidence to conclude whether the materials produced by the accused are sufficient or not for convicting the accused. Annexures filed by an accused aren’t evidence without being tested and proved.

The court refused to quash the criminal case observing that the litigant can pursue specific remedy under law since charges haven’t been framed yet. HC can only interfere when no other remedy is available.