- (1.) HEARD the parties. This application has been filed for quashing of the order dated 30.11.2012 passed in C.P. Case No. 545 of 2012 whereby and whereunder, cognizance of the offences punishable under Sections 406 and 420 of Indian Penal Code has been taken against the petitioner.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of. It is the case of the complainant that this petitioner and Samarpan Chakraborty approached the complainant and conveyed him that they have started a project whereby they will be allotting small plots to the persons who would be intending to purchase it and then they will be constructing duplex over there. At the same time, it was stated that a lot of money is required for making payment to the labourers. On that pretext they told him to give a sum of Rs. Four lakhs which they promised to return it by 30.1.2011 and if they will be failing in returning the same, they would be transferring 10 Kathas of land of Mouza No. 6 appertaining to Khata No. 196 and Plot No. 7 to him and that apart, they will be constructing a Duplex over there. The complainant believing the version of the accused persons to be true paid a sum of Rs. Four lakhs. Simultaneously, the accused persons executed a deed of agreement to the effect stated above. Thereupon, further sum of Rs. 1,60,000/ - was paid to the petitioner. Later on the complainant came to know that the land, which had been promised to be transferred, was Gair Abad land whereas it had been conveyed him that the said land is raiyati land.
(3.) IN that event, when the complainant approached the accused persons to ask for money, they not only refused to return the money but also assaulted him.;