- (1.) This revisional application is directed for setting aside the order dated 15.10.96 of taking cognizance on the petition of complaint after examination of the complainant and one witness on solemn affirmation, passed by the Ld. S.D.J.M. Alipore in case No. C-1771/96 and also for quashing of the said proceeding. Petitioner No. 1 is a sister and the petitioner Nos. 2 & 3 are the two brothers of the complainant/respondent before this court.
(2.) It appears from the petition of complaint filed before the Ld. S.D.J.M. Alipore on or about 15.10.96 annexed to the instant application that the complainant is now a practising Advocate of the District courts at Alipore, South 24 Parganas; that he started practice after taking voluntary retirement from his service on 10th May, 1993, when he held the post of Meteorologist Grade-I (Class-I, Gazetted Officer) and on returning to his paternal joint family house at 89A, Motilal Nehru Road, P.S. Lake, Calcutta-29. In or about 1990 the petitioners insisted the complainant to open a joint account with the petitioners in Allahabad Bank, Hazra Road Branch, and got a form signed by the complainant and the joint account was opened being S/B A/C No. 8067 and the pass book and cheque book are lying with the petitioners.
(3.) It has been further alleged that in or about September, 1993 the petitioners entered into a criminal conspiracy to cheat the complainant and fraudulently and dishonestly represented to the complainant that the complainant would get high rate of interest if he invested the money received by him towards pension and other benefits as per the directions of the accused petitioners and the accused petitioners also further asked the complainant to deposit the three A/c payee d4eques totalling a sum of Rs. 1,81 405/-.;