MINATI DUTTA Vs. STATE OF WEST BENGAL & ANR
LAWS(CAL)-2018-9-50
HIGH COURT OF CALCUTTA
Decided on September 13,2018

MINATI DUTTA Appellant
VERSUS
State Of West Bengal And Anr Respondents

JUDGEMENT

Md. Mumtaz Khan, J. - (1.) This revision has been preferred by the petitioner/accused person praying for quashing of the proceedings of GR Case No. 2751 of 2011 arising out of Baguihati Police Station Case No. 325 of 2011 dated June 17, 2011 under Section 420/468/471 of the Indian Penal Code pending before the court of learned Judicial Magistrate, 1st Court, Barasat, North 24 Parganas as also the order dated February 15, 2018 passed by the learned Judicial Magistrate, 1st Court, Barasat thereby framing charge against the petitioner for commission of offence punishable under Section 420 of the Indian Penal Code.
(2.) On June 14, 2011, O.P. No.2 filed a petition of complaint under Section 156(3) of the Code of Criminal Procedure before the learned Chief Judicial Magistrate, Barasat stating therein that the petitioner was inducted as tenant under her at Ghosh Para, Krishnapur, P.S., Baguihati, Kolkata on a monthly rental basis where she is running her industry under the name and style Maccoil Chemicals Pvt. Ltd. Petitioner promised that she will pay the rent without making any default but since June, 2008 petitioner has defaulted payment of rent. When petitioner was requested to pay the dues she falsely claimed that she had paid all the dues from the month of June, 2008 to March, 2010 and that she (O.P. No. 2) has received the same by putting her signature on the exercise book but in fact petitioner has not paid any rent nor she (O.P. No.2) has put her signature on the alleged exercise book and that the Petitioner has forged her signature and by practicing fraud cheated her.
(3.) On the basis of that complaint which was forwarded to the P.S. under section 156(3) Cr.P.C. for treating the same as FIR, a Baguihati P.S. Case No. 325 dated June 17, 2011 was started against the petitioner. Thereafter,on completion of investigation a charge-sheet was submitted against the petitioner for the offence under Section 420/468/471 IPC.;


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