BIMAL KANTI GHOSH DASTIDAR Vs. SUKHEN ROY
HIGH COURT OF CALCUTTA
BIMAL KANTI GHOSH DASTIDAR
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Debiprasad Sengupta, J. -
(1.)In the present application the petitioner has prayed for quashing of a proceeding being complaint Case No. 64 of 2001 under Sections 465/468/471/34 of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 5th Court, Sealdah.
(2.)The main ground on which such prayer for quashing is made is that a civil litigation over the same property is going on between the same parties. But the complainant filed a petition of complaint on 15/2/2001 before the learned Sub-Divisional Judicial Magistrate, Sealdah alleging that the present petitioner in connivance with the accused Nos. 2 and 3 in the petition of complaint prepared false and forged document being title deed dated 28/6/1999 in order to transfer the right, title and interest of a portion of the property in question. It is the contention of the learned Advocate of the petitioner that the allegations made in the petition of complaint do not disclose any offence under the aforesaid sections. Since civil litigations are pending in appropriate Court of law, the present criminal proceeding should not be allowed to continue and the same is liable to be quashed.
(3.)In support of his contention the learned Advocate of the petitioner relies upon a judgment of the Honble Apex Court reported in Alpic Finance Ltd. v. P. Sadasivan and another. From a reading of the said judgment it appears that in the said case the main offence alleged by the appellant was that the respondents committed the offence under Section 420 I.P.C. and the case of the appellant was that the respondents have cheated the complainant and thereby dishonestly induced him to deliver the property. There was no allegation that the respondent made any wilful misrepresentation. In the complaint there was no allegation that there was fraud or dishonest inducement on the part of the respondents and the respondents parted with any property. In such circumstances the Honble Supreme Court was of the view that the High Court was justified in quashing the proceeding under Section 420 of the Indian Penal Code.
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