Subhasis Dasgupta, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure praying for quashing of a chargesheet in connection with Airport Police Station Case No. 99 of 2008, now pending before the learned Chief Judicial Magistrate Barasat, North 24 Parganas.
(2.) On the basis of a complaint forwarded to police under Section 156(3) Cr. P.C, Airport Police station undertook investigation registering a case being No. 99 dated 28.6.08 and ultimately submitted chargesheet under Section 406/420/120B IPC against the revisionist accused person.
(3.) Learned advocate for the revisionist submitted that the memorandum of understanding executed by way of an agreement for sale dated 22nd December, 2004 had been admittedly entered into between the parties for execution of a deed of sale of transfer of 11.46 acres, corresponding to 34 Bighas 8 Cottahs 9 Chittacks (approx) land against a valuable consideration, as shown in the agreement, subject to compliance of certain prerequisite conditions by the opposite party no.2. as embodied in the agreement itself, which the OP No.2 having failed to comply, the revisionists could not be fastened with a charge under Section 406/420/120B of the IPC. According to the terms of agreement, the OP No.2 was under obligation to take out a clearance from the Urban Land Ceiling Authorities in order to facilitate the proposed sale, which could not be procured due to apathy exhibited on the part of the OP No.2, rendering non-performance of the obligation with respect to the terms, required to be performed by revisionist, became in capable of being performed. The prerequisite obligations not having been duly discharged by OP No.2/complainant, the deed of conveyance, as proposed to be executed could not be made. The terms incorporated in the agreement for sale being contingent upon performance of such obligations of OP No.1/complainant inclusive of holding joint measurement of the land together with obtainment of Urban Land Ceiling clearance, the allegation of having committed criminal breach of trust together with cheating in consequence of a deep rooted conspiracy, according to revisionist, could not be made out form the averments contained in the complaint petition.;