ANANDA SEN,J. - (1.)The order dated 02.08.2016 passed in Criminal Appeal No. 30 of 2014 is under challenge.
(2.)At the appellate stage, in Criminal Appeal No.30 of 2014, the petitioner filed an application under Sec. 391 of the Code of Criminal Procedure for adducing additional evidence.
(3.)A complaint was filed by one Siddheshwar Mandal, the petitioner herein against the opposite party No.2, which was registered as P.C.R. Case No.282 of 2011. The complaint was under Sections 420, 467, 468, 120B/34 of the Indian Penal Code. The sum and substance of the complaint is that the complainant agreed to sell 2 katha 2 dhur land in JB No. 79/277 of mouza Madansahi Tapua in favour of Purnima Rai for consideration amount of Rs. 1,75,000.00 . He executed an agreement to this effect on 05.02.2003. Purnima Rai has paid Rs. 1,00,000.00 through cheque on 05.02.2003. She paid Rs. 30,000.00 and again she has paid Rs. 20,000.00 on 30.08.2003. An endorsement was made in back side of agreement paper relating to receiving of these amounts on various dates. On 19.02.2004 Purnima Rai has paid the final settlement and endorsement was made regarding receipt of this amount by making signature of the complainant Sidheshwar Mandal. Rs. 1,75,000.00 was paid till 19.02.2004 and nothing was left for payment. On 19.02.2004 Purnima Rai had taken signatures of witness No.2 to 5 on the back side of the agreement paper. On 30.08.2003 it was written that Rs. 30,000.00 was paid earlier and Rs. 1,50,000.00 was paid later on and signatures of witnesses were taken on that statements. On 27.02.2004 Purnima Rai made an endorsement on third page of agreement on back side over revenue stamp that Rs. 25,000.00 was paid to Sidheshwar Mandal on 27.02.2004 by cheque No.331873. She has taken signatures of witnesses on the same paper. Complainant knew about these facts when T.S. No. 45/10 was filed in court by Purnima Rai in the court of learned Sub Judge-III. A criminal case was filed being Sahibganj (T) P.S. having G.R. No.393/09 against Sidheshwar Mandal which does not bear any endorsement as mentioned above. By doing so, Purnima Rai has committed offence under Sections 420, 467, 468, 120(B)/34 of the Indian Penal Code.