JUDGMENT :

Shivakant Prasad, J.

1. This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure 1972. Petitioner has prayed for setting aside of the Order dated 18.02.2016 passed by the learned Judicial Magistrate, (1st Class), 4th Court Alipore, South 24 Parganas in connection with complaint Case No. 2794 of 2012.

2. Petitioner’s case in brief is that being attracted by the advertisement in reference to the description of the South City Club in the Souvenir promising a resort like experience, the South City Club is a perfect get away for the entire family, spread over 3 acres (180 Cottahs), the multi facility club offering, social and entertainment activities, along with an air conditional sports centre, guest room, banquet facilities for function with parking space for members and guests and being eager to stay in an upscale complex with the advertised club facilities and landscape garden bigger than the Eden garden, the petitioner submitted an application in the prescribed form along with the application money of Rs. 1,00,000/- paid on 29.01.2004 duly acknowledged by the concerned authority of the South City Project (Kolkata) Ltd. through mon