- (1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 11.2.1999 passed in Complaint Case No. 419 of 1998 whereby and where -under cognizance under Sections 402, 406 and 420 of the Indian Penal Code was taken.
(2.) CASE of the petitioner is that O.P. No. 2 filed a complaint case bearing No. 419 of 1998 alleging therein O.P. No. 2 who is the Honorary Secretary of a Registered Society, wanted to purchase some land from the petitioner No. 1 and in pursuant to that, entered into an agreement on certain terms and conditions with petitioner No. 1 and in pursuant to the agreement, O.P. No. 2 gave Rs. 2,25,000/ - to the petitioner No. 1. But inspite of receiving that much of amount, petitioner No. 1 did not execute sale deed in favour of the society and that is why this case has been filed on the ground that from the very beginning, petitioner No. 1 wanted to cheat O.P. No. 2. Learned counsel for the petitioners submits that petitioner No. 1, namely, Khitish Chandra Ghosh, has already died and this fact has come in the record of the High Court that he is dead. So far as the petitioner No. 2, namely, Savitri Ghosh, who is the wife of petitioner No. 1 is concerned, she is not at all involved in the case because she did not enter into any sort of agreement with the O.P. No. 2 and whatever amount, if any, was paid to her, as per S.A. by O.P. No. 2, that was paid on the instruction of the petitioner No. 1, Learned counsel further submitted that petitioner No. 2 being wife of the petitioner No. 1 was not concerned what amount was being paid to her husband. So no case is made out against the petitioner No. 2. Learned counsel further submitted that O.P. No. 2 had made allegation that he paid Rs. 2,25,000/ - to the petitioner No. 1 who is now dead and at the same time, on instruction of petitioner No. 1, the money was handed over to his wife who is petitioner No. 2 and, therefore, she is not at all concerned with the case.
(3.) ON the other hand, learned counsel for the O.P. No. 2 submits that money has been paid to the petitioner No. 2, who is wife of the petitioner No. 1.;