SOUMEN DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application under Section 401/482 Cr.P.C. is directed against order dated 08.06.2005 passed by the learned Judicial Magistrate, 1st Court, Sealdah, South 24 Parganas in connection with G. R. Case No. 672/03 (T.R. 423 of 2004) arising out of Beleghata P.S. Case No. 60/03.

(2.) The present three petitioners have contended that the husband of respondent no. 3 Sadhana Sarkar, since deceased, was owner of an old delapidated house situated at premises no. 1A, Abinash Chandra Banerjee Lane, Kolkata 700 010. During his lifetime the old structure standing thereon was demolished for reconstruction on the basis of a sanctioned plan by the Kolkata Municipal Corporation. On account of sudden demise of the said original owner Nanigopal Sarkar, his successor being petitioner nos. 2 and 3 faced acute financial crisis. At that time one well-wisher Jnanendra Nath Samanta advanced Rs. 3,00,000/- to petitioner nos. 2 and 3 to meet their expenses. A proposal was also forwarded on the part of OP No. 2 to sell a flat covering an area of 650 square feet to him. Subsequently, the said J. N. Samanta insisted for selling the flat at a price of Rs. 6,00,000/- instead of agreed amount of Rs. 9,00,000/-. So petitioner nos. 2 and 3 refused to dispose of the same. Consequently OP no. 2 demanded refund of his advance of Rs. 3,00,000/- by notice dated 10.09.2002.

(3.) In the said criminal proceedings the petitioners filed a petition praying for their discharge which has been rejected by order dated 08.06.2005 which is now under assail.