Main Legal Point

JUDGMENT

The present revisional application has been preferred praying for quashing of proceeding in connection with Complaint Case No. C – 1218/17 under Sections 420/406/504/506/120B of the Indian Penal Code, now pending before the Learned Judicial Magistrate, 4th Court, Alipore, 24 Parganas (South).

Petitioner No. 1 is the mother of the petitioner No. 2 and 3.

The opposite party/complainant is a company incorporated under the Companies Act, which is run by its proprietor, namely Mr. Suman Chattopadhyay and is engaged in the development, promotion and construction of real estate.

The opposite party/complainant has initiated a proceeding under Sections 406/420/504/120B of Indian Penal Code, before the Court of the Learned Chief Judicial Magistrate, Alipore, 24 Parganas (South) and the same was registered as Complaint Case No. C-1218/17.

That in course of its business, the company was introduced to Prasenjit Sen (husband of the accused no. 1) who disclosed himself as owner of the property of 14A, Lake Temple Road, Police Station – Tollygunge, Kolkata – 700029.

The said Prasenjit Sen being owner of the aforesaid land/property had approached complainant company to construct a ground + IV storied building at the said property and for which the said Prasenjit Sen and the complainant company entered into a Development Agreement dated 07.11.2008. Thereafter the said Prasenjit Sen died intestate leaving behind Smt. Amita Sen (wife), Sri Judhajit Sen (Only son) and Smt. Sonia Mukherjee (Sen) (Only Daughter) the petitioner herein.

After the demise of the said Prasenjit Sen the above named accused persons/petitioners have become the absolute owners of a land being Municipal Premises No. 14A, Lake Temple Road, Police Station- Tollygunge, Kolkata – 700029, measuring about 3 Cottahs, 8 Chittacks.

Subsequently on demand of the situation, the accused persons have further entered into a supplementary Agreement for Development dated 05.05.2012 with the persons Complainant/Company.

The Complainant company has duly complied with the terms and conditions of the said agreement and deposited a sum of Rs. 15,00,000/- as a security money with the accused persons. It was also assured and agreed before the complainant company by the accused persons that upon completion of the building in terms of the specifications so decided by and between the parties and also upon the handing over the possession of the said building they would return back the entire security deposit of Rs. 15,00,000/-.

That after completion of the work, the complainant company had informed the accused persons for returning back the security deposit but the accused persons refused to do so.

Thereafter the accused persons paid Rs. 12,00,000/- with an assurance that they would pay the balance amount of Rs. 3,00,000/-.

The complainant company then approached the accused persons for payment of the rest amount of Rs. 3,00,000/-. On that event, the accused persons conjointly became furious against the representatives of the complainant company and assaulted them including the representative therein. Further the accused persons threatened them with dire consequences by using filthy languages and flatly denied to make any payment to the petitioner in future and stated that they have huge contacts with higher officials and police and so the complainant cannot do anything against them.

The complainant stated that all the accused persons have conspired with each other as well as cheated and dishonestly induced the complainant for delivery of property and criminal breach of trust and as such the ingredients of offence as envisaged in Sections 406/420/504/506/120B of the Indian Penal Code had clearly been made out against the accused persons herein.

The complainant had now realized that from the inception of the transaction, the accused persons had the intention to cheat for which the accused persons have misappropriated the property and thus they are liable for criminal breach of trust by dishonestly misappropr