JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of proceedings in connection with G.R. No. 1300 of 2018 arising out of Bizpore Police Station Case No. 126 of 2018, dated 27th February, 2018 which ended in Charge Sheet No. 161 of 2018 dated 31st March, 2018 under Sections 341/323/420/406/506 of the Indian Penal Code, 1860, pending in the Court of the Learned Judicial Magistrate, 2nd Court at Barrackpore, District - North 24 Parganas.

2. The petitioner’s case is that on 27th February, 2018, the Opposite Party No. 2 herein lodged a Written Complaint with the Officer-In-Charge, Bizpore Police Station, District - North 24 Parganas against the Petitioner, alleging therein that the negotiated marriage of her sister Tanuja Bar, Daughter of Haridas Bar, aged about 34 years, Resident of A/5/166, Kalyani Township, Post Office & Police Station - Kalyani, District - Nadia was fixed on 6th March, 2018 and accordingly the dowry was settled at Rs. 50,000/-in cash, gold ornaments, articles and utensils etc. On 26th February, 2018 she went to the house of the said Kalyan Das and gave the cash amount of Rs. 50,000/-. On 27th February, 2018 at about 8.30 A.M. said Kalyan Das informed her over phone that he will not be able to marry her sister as agreed earlier. On hearing the same she along with her relatives went to the house of the said Kalyan Das, where the said Kalyan Das and his relatives misbehaved with them. On enquiry she was told by the said Kalyan Das that if they give an additional amount of Rs. 30,000/-and a golden chain then only he will marry Tanuja. When they expressed their inability to pay the same, they were thrown out from his house and told that he would not marry and would also not refund the sum of Rs. 50,000/-.

3. It is thus alleged that the said Kalyan Das has cheated her sister and her family and had also misappropriated the sum of Rs. 50,000/-.

4. On conclusion of investigation, the Investigating Authority submitted Charge Sheet in the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore, District - North 24 Parganas being Charge Sheet No. 161 of 2018 dated 31st March, 2018 under Sections 341/323/420/406/506 of the Indian Penal Code, 1860 as against the Petitioner. On 4th March, 2019, the Learned Trial Court took cognizance and the said case was transferred to the court the Learned Judicial Magistrate, 2nd Court at Barrackpore, District - North 24 Parganas for trial and disposal.

5. Mr. Prantick Ghosh, learned counsel for the petitioner submits that the entire allegations leveled against the Petitioner in the Written Complaint, Charge Sheet and its supportive documents are totally false, frivolous, baseless, concocted and an afterthought and made with an ulterior motive and malafide intention of harassing him unnecessarily and thereby tarnishing his social image, prestige and reputation for which the same is denied and disputed in its entirety and this was totally overlooked by the Investigating Authority while submitting Charge Sheet against the Petitioner under Sections 420/406 of the Indian Penal Code, 1860 and also by the Learned Trial Court while taking cognizance, which is ipso facto bad both in law and in fact and hence the instant proceeding is liable to be quashed, as also that the impugned proceeding is a gross abuse of the process of Court.

6. Mr. Arijit Ganguly, learned counsel for the State has placed the Case diary and Submits that there is sufficient materials/evidence on record and the case diary to proceed against the petitioner towards trial and as such the revision is liable to be dismissed.

7. From the written complaint it is evident that the dispute between parties is related to refusal of marriage. It is alleged that in spite of taking Rs. 50,000/-the petitioner refused to marry the sister of the defacto complainant. He allegedly demanded more dowry. As it was refused, he did not marry the sister of the defacto complainant. When the Complai