JUDGMENT :

Subhasis Dasgupta, J:-

1. This is an application under Section 482 of the Code of Criminal Procedure praying for quashing of a chargesheet in connection with Airport Police Station Case No. 99 of 2008, now pending before the learned Chief Judicial Magistrate Barasat, North 24 Parganas.

2. On the basis of a complaint forwarded to police under Section 156(3) Cr.P.C, Airport Police station undertook investigation registering a case being No. 99 dated 28.6.08 and ultimately submitted chargesheet under Section 406/420/120B IPC against the revisionist accused person.

3. Learned advocate for the revisionist submitted that the memorandum of understanding executed by way of an agreement for sale dated 22nd December, 2004 had been admittedly entered into between the parties for execution of a deed of sale of transfer of 11.46 acres, corresponding to 34 Bighas 8 Cottahs 9 Chittacks (approx) land against a valuable consideration, as shown in the agreement, subject to compliance of certain prerequisite conditions by the opposite party no.2. as embodied in the agreement itself, which the OP No.2 having failed to comply, the revisionists could not be fastened with a charge under Section 40