Mrinal Kanti Sinha - (1.) HEARD learned Advocates appearing for the parties. This revisional application under section 482 of the Code of Criminal Procedure of 1973 has been filed by the petitioners praying for quashing of the proceedings of G.R. case No. 2678 of 2009 arising of Kotwali Police Station case No. 507 of 2009 dated 14.08.2009 under sections 406/420 of tlie Indian Penal Code and setting aside of the orders passed therein.
(2.) IT is the case of the petitioners that pursuant to a complaint lodged by the defacto-complainant Manabendra Nath Chakraborty on 14.08.2009 at Kotwali Police Station, which was treated as First Information Report, the petitioners were made accused persons in Kotwali Police Station Case No.507 of 2009 dated 14.8.2009 under sections 406/420 of the Indian Penal Code. The said complaint was lodged with the allegation that the petitioners knowing fully well when they took money that they would not perform their promise, falsely assured the defacto-complainant that they would construct a flat with the facilities of lift, generator, spiral staircase etc., and on the assurance of the petitioners the said defacto-complainant handed over a sum of Rs. 5,59,000/- to the petitioners for developing the flat, and the petitioners were entrusted to carry out the work of the said flat, but since the date of said payment the petitioners did not take any step to perform their promise in spite of repeated requests of the defacto-complainant. Prior to the lodging of the instant case the defacto-complainant preferred an application before the 'District Consumer Disputes Redressal Forum', Jalpaiguri, in the year 2007, which was registered as C.F. case No. 31/2007 dated 19.02.2007. The petitioners entered appearance in the said case and contested the same. After hearing both the sides the learned Members of the said Forum, Jalpaiguri, were pleased to allow the defacto-complainant's prayer. Even after obtaining order from the appropriate Forum the defacto-complainant lodged the aforesaid complaint at Kotwali Police Station. In pursuance of the order passed by the said Forum, Jalpaiguri, the petitioners have paid Rs.52,000/- to the defacto-complainant. According to the agreement on 16.12.2003 the petitioners have delivered possession of the residential flat situated in the second floor of the building named as "Lokenath Housing Complex" at Babupara, Jalpaiguri, to the said complainant, and issued 'certificate of possession' in favour of the defacto-complainant. There was no fraudulent intention of the petitioners to cheat the defacto-complainant nor any intention to harass the defacto-complainant, and so possession of the said flat was delivered to him in due time. The petitioners preferred an application under section 438 of the Code of Criminal Procedure, 1973, before the Hon'ble High Court at Calcutta bearing CRM No. 129.17 of 2009, but the Hon'ble High Court has been pleased to turn down the prayer of the petitioners. There has been delay in installing other devices mentioned in the said agreement due to huge financial loss suffered by the petitioners in their business, but still then the petitioners have taken necessary step to install the elevator in the said apartment and have already paid a sum of Rs. 1,12,500/- on 30.08.2009 to a concern namely Thermo-gen" for installation of the elevator. Being aggrieved by and dissatisfied with the continuation of the impugned proceeding pending in the Court of learned Chief Judicial Magistrate, Jalpaiguri, the petitioners have move this revisional application before this Court on the ground that the impugned proceeding is a vexatious one and continuation of such mala fide and vexatious proceeding will serve no purpose, but will result in severe prejudice to the petitioners as the petitioners have already deposited a sum of Rs.52,000/- as compensation and cost as per the order of the said Forum, and the continuation of the said proceeding is otherwise bad in law and will be gross abuse of the process of the Court, and so that is liable to be quashed as other wise petitioners will suffer irreparable loss and prejudice. It appears that on the basis of a written complaint of the opposite party No.2 Manabendra Nath Chakraborty Kotwali P.S. case No. 507 of 2009 dated 14.8.2009 or G.R. case No. 2678 of 2009 under sections 406/420 of the Indian Penal Code was initiated against the present petitioners as accused persons, and the written complaint of the defacto-complainant was treated as First Information Report of Kotwali Police Station case No. 507/09 dated 14.8.2009 of Jalpaiguri District, and the petitioners have prayed for quashing of the impugned proceeding of G.R. case No. 2678 of 2009 pending in the Court of the learned Chief Judicial Magistrate, Jalpaiguri, as it has been initiated on the basis of the said First Information Report.
(3.) THE opposite party No. 1 the State of West Bengal and the opposite party No.2 Manabendra Nath Chakraborty are contesting the revisional application, but none of them has filed any affidavit-in-opposition in this matter. It is to be considered in this matter as to whether the said proceeding bearing G.R. case No. 2678 of 2009 now pending in the Court of learned Chief Judicial Magistrate, Jalpaiguri, is liable to be quashed or not.;