- (1.) THE revisional application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure praying for quashing of the proceeding of Case No. C-7401 of 2007, which is pending in the Court of the learned judicial Magistrate, 9th Court, Alipore,
(2.) THE CRAN No. 1428 of 2008 has been preferred by the complainant/ opposite party for vacating the stay order that has been passed in connection with the revisional case and both the revisional application and the application praying for vacating of the stay order, are taken up together for passing order.
(3.) THE fact leading to the filing of the said complaint case by the complainant/opposite party is that, pursuant to an advertisement issued by the petitioners/accused, he intended to purchase a flat/shop from the petitioners/ accused persons and in the process deposited a sum of Rs. 11,48,000/- as advance. As per terms and conditions total amount to be paid by the complainant/opposite party was fixed at Rs. 68,88,000/- by instalments. However, when the last instalment was tendered by the complainant/opposite party to the petitioners by way of Bank Draft, they refused to accept the same and instead of giving delivery of possession of the said flat, the petitioners/ accused persons made arrangements to transfer the said flat illegally in favour of another person. When the opposite party/complainant requested the petitioners/accused persons to execute the deed of conveyance, such request was turned down and at that time the opposite party/complainant came to know that the petitioners/accused persons had from the very inception the intention not to deliver the flat in favour of the complainant and in the process to persuade the complainant to part with his money with false assurance. As such, being cheated, the complainant/opposite party had to file the petition of complaint before the learned Chief Judicial Magistrate against the petitioners/ accused persons. The learned Magistrate took cognizance and upon due compliance of the provisions of Cr. P. C. , issued process against the accused persons under Section 420 of the Indian Penal Code.;