ORDER

Respondent No. 1 filed a complaint in the Court of Additional Chief Presidency Magistrate, Calcutta, against the appellant (A.I), Kochi Mia (A.2) and Fazlur Rahman (A.3) alleging offence under Section 120-B read with Section 420 IPC and in the alternative under Section 420 IPC read with Section 34 IPC.

2. According to the complainant, Kochi Mia (A.2) and the appellant met him and requested him to advance money against the stock-in-trade of business of the Calcutta Cafe of which Fazlur Rahman (A. 3) was represented to be the proprietor. The complainant wanted to meet Fazlur Rahman (A. 3) himself before agreeing to advance the loan. After a few days, Fazlur Rahman (A. 3), Kochi Mia (A. 2) and the appellant went to the place of business of the complainant to meet him. A friend of the complainant by name Mangtulal Bagaria was also present at that time with the complainant. The three accused represented to the complainant that Calcutta Cafe was free from all encumbrances and that the money could be advanced against hypothecation. Both the complainant and his friend Mangtulal Bagaria agreed to advance Rs 30,000/-- to Fazlur Rahman. On the next date, a deed of hypothecation was draft