ARUN SANKAR CHATTERJEE Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-6-39
HIGH COURT OF CALCUTTA
Decided on June 10,1996

Arun Sankar Chatterjee Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Ashis Baran Mukherjee, J. - (1.)These two revisional applications were heard in analogous. The Petitioner in both the applications are the same and the facts involved in both the cases are practically identical in nature.
(2.)In Criminal Revision No. 1425 of 1996, the Petitioners case is that he became a member of Malancha Co -operative Housing Society engaged for construction of Housing Project for its members who are all Government Employees of their relatives and also acquired plots of land for the same purpose. Proposed members are included in the Registrars of the Society, all receipt of requisite sums and the names are sent to the Registrar of Societies, West Bengal for approval. The name of opposite party No. 2 was also sent in similar circumstance. But in the absence of approval being given the amount given by those proposed members were returned to them by Account Payee Cheque with statutory interest. This was also done in connection with the O.P. No. 2 and the Cheque was sent in the address which was earlier registered with the Society.
(3.)The O.P. No. 2 January 15, 1990 lodged a written complaint to the Inspector General of Police on the basis of which Jadavpur Police Station Case No. 47 dated February 9, 1990 was started. It was urged in the said complaint that a sum of Rs. 30,225 was accepted from her by the Society for allotment of a Flat which was subsequently not allotted and the amount given by her was not also refunded.
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