CRR/2084/2024 of SWATI AND ANOTHER Vs STATE OF WEST BENGAL AND ANR on 15 September 2026

1. None appears to represent the petitioners.

2. Learned counsel for the State submits that in compliance with the earlier direction of this Court dated 03.09.2026, Mr. Gurdeep Singh Dhillon and Mr. Md. Nauroz Rahber, learned counsels who entered appearance on behalf of the petitioners in the year 2024, have been duly informed regarding the pendency of the matter before this Court.

3. Despite such communication, the petitioners remain unrepresented today.

4. The matter, filed in the year 2024, has been appearing in the list since 15.06.2026.

5. Despite several directions, the petitioners have failed to take necessary steps, in view of such lackadaisical approach and burgeoning pendency, I am inclined to proceed with the matter on the basis of the materials already on record, thus this matter is taken up for disposal.

6. I have given my thorough consideration to the revisional application. It appears therefrom that the petitioners, by the instant criminal revisional application under Section 482 of the Cr.PC., sought quashing of the criminal proceeding being Lake Town Police Station Case/FIR No. 139 of 2023 dated

06.07.2023 under Sections 420, 406 and 34 of the Indian Penal Code and all subsequent proceedings arising out of it, pending before the Court of the learned Chief Judicial Magistrate, Bidhannagar Court, North 24 Parganas.

7. The main grounds for such quashing, as urged in the application, inter alia are that the FIR is an abuse of process of law as commercial dispute is being given a criminal colour by the complainant in connivance with the Investigating Agency, that no prima facie case constituting an offence is made out from the written complaint of O.P. No.2, that the allegations against the petitioners are false and concocted inasmuch as the communication between the petitioners and the complainant clearly shows that the complainant since had not paid the petitioners for the tickets, they were cancelled and that the O.P. No. 2 has filed the complaint as a counterblast, accordingly prayer was made for quashing of the connected criminal proceeding.

8. I have perused the complaint dated 6th July, 2023 made by Swati Jain, O.P. no.2 to the Officer-in-Charge against B2C Holidays Pvt. Ltd. for committing fraud of Rs. 22,00,000/- upon her and for threatening her with dire consequences. The O.P. No. 2 has alleged therein that being a reputed businesswoman and running a company named Jain Travel Point situated at 287/1 Block B 5th Floor 5A, Gobindo Bhawan Bangur Avenue, Kolkata 700055, she entered into commercial transactions with the B2C Holidays Pvt. Ltd. situated at 1st Floor, Plot No.11, Najafgarh Road, Chandan Palace, represented by its Directors Swati and Kailash Rathore, the petitioners herein between April and June, 2026 for the purpose of booking International and Domestic Flight Tickets. In the said complaint, O.P. No. 2 alleged that she deposited Rs. 22,00,000/- in the RBL Bank Account of B2C Holidays Pvt. Ltd. (A/C. No. 404020011993) for booking of such airline tickets for the clients of her company, for which the petitioner no. 2 was initially responsible, as he booked the tickets from his account and provided the tickets to the O.P. No. 2 thereafter.

9. The O.P. No. 2 has alleged that though initially, the status of the said flight tickets was shown as ‘confirmed’, however upon rechecking the status of the said tickets before delivering the same to her clients, the tickets were shown as ‘cancelled’ from the Booking ID. The O.P. No.2, when tried to contact the petitioner no. 2, he stated that he will send those tickets in few hours, however he never sent those tickets, rather he was delaying day by day.

10. Due to the delay, the O.P. No. 2 faced huge pressure and she was constrained to make travel arrangements for her client out of pocket, thus bearing heavy losses. On 29.06.2023, when the O.P. No. 2 contacted the petitioner no. 2 again for the tickets, she was met with filthy abusive language and threatened with dire consequences.

11. Upon assessing the materials-on-record, I am of the prima facie view that there are disputed questions of fact involved in matter, which cannot be decided summarily by this revisional

Court in exercise of its powers under Section 482 of the Cr.P.C., the said issues need to be decided by the Trial Court upon investigation and after recording of evidence.

12. In view of the discussion made above, I do not find any reason warranting interference of this Court at this stage.

13. Accordingly, CRR 2084 of 2024 is dismissed on the basis of the merit on record.

14. Interim order, if any, stand vacated.

15. There will be no order as to costs.

16. Urgent photostat copy of this order, if applied for, be supplied to the parties, upon compliance with all requisite formalities.

(Uday Kumar, J.)