Judgment

Harjit Singh Bedi, J.

1. Leave granted.

2. In the light of the order that we propose to make, only the bare facts have been given hereunder:

In January 2005, the appellant who was in dire need of a plot of land for construction of a residential house, was approached by respondent No.2, Masud Alam, a public servant, who represented to the appellant that he could arrange for such a plot. Respondent No.2 thereupon introduced the appellant to respondent No.1, who stated that he had a plot of land which he was willing to sell.

3. The appellant believing the representation made by respondent No.2 entered into an agreement for sale with respondent No.1 and also paid a sum of Rupees five lakhs and one in cash. Despite this payment, however, the respondent refused to honour the agreement and refused to hand over the necessary documents to the appellant. All other methods to compel the respondents to complete the sale having failed, the appellant filed a complaint on 28th October 2005 before the Additional Chief Metropolitan Magistrate, Calcutta against respondent Nos. 1 and 2 for offences punishable under sections 420/120B of the Indian Penal Code. The Magistrate forwarded the compla