JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing and/or setting aside of proceedings in connection with G.R. Case No. 466 (1) 18, corresponding to Charge Sheet No. 09/19, dated 30/03/2019 arising out of Dum Dum GRPS. Case No. 89 of 2018 dated 18/11/18 under Sections 306/34 of the Indian Penal Code, presently pending 4th before the Learned Additional Chief Judicial Magistrate (Court, Railway) at Sealdah, and all orders passed therein including order dated 22/4/19 whereby the Learned Magistrate was pleased to take cognizance of the purported Charge Sheet submitted by the investigating agency and direct issuance of notice to the petitioners/accused persons.

2. The petitioner’s case is that the petitioners no. 1, 3 and 4 are businessmen and the petitioner No. 2 is the wife of petitioner No. 1. The petitioners have to deal with various people in connection with their business, and in the same manner in the year 2012, the petitioners have come into contact with one Sukamal Bose being resident as well as businessman of the same locality where the petitioners reside.

3. The said Sukamal Bose (deceased husband of the De Facto Complainant) was the proprietor of one Firm functioning under the name and style of M/S Shubham Construction having its Office at No. 06 Nandan Nagar, Police Station Belgharia, Kolkata-700 083. The said person had approached the petitioners No. 1 and 3 to jointly invest Rupees 8,00,000 (Eight Lacs) 4,00,000 (Four Lacs) each in his construction business on certain terms and conditions, and pursuant to such understanding, an agreement dated 16/01/2012 was executed in between the said Sukamal Bose and the petitioners No. 1 and 3 which was notarized on 18/01/2012.

4. That pursuant to the said agreement dated 16/01/2012 the petitioners No. 1 and 3 had advanced an amount of Rupees Eight Lacs (8,00,000) to the said Sukamal Bose for construction of an apartment at 18, Sahid Mahal Deshapriya Nagar, Belgharia, Kolkata-700 056.

5. A separate agreement for sale of a Flat on the 3rd Floor of Holding No. 1188, Ward No. 21 Verner Lane measuring about 600 Square feet was signed by and in between the petitioner No. 2 and the said Sukamal Bose. On 22/08/2014, pursuant to such agreement, the petitioner no. 2 had advanced a further amount of Rupees 10,75,000 (Ten Lacs Seventy Five Thousand) to the said Sukamal Bose. That in terms of the said agreement dated 22/08/2014 the said Sukamal Bose had undertaken to handover the possession of the said flat to the petitioner no. 2 within 30/04/2015.

6. The petitioner no. 4 had also made an advance of Rupees 17,50,000 (Rupees Seventeen Lacs Fifty Thousand only) to the said Sukamal Bose for purchase of one residential flat in the year 2012.

7. The said Sukamal Bose (deceased husband of the de facto complainant) subsequently failed to construct the flats in terms of agreement dated 16/01/2012 and has also failed to return the loan amount of Rupees Eight Lacs (8,00,000) given to him by the petitioners no. 1 and 3 jointly.

8. He also failed to hand over the flat to petitioner No. 2 as per terms of agreement dated 22/08/2014 within the stipulated period i.e. 30/04/15 and till 18/05/16 despite several reminders.

9. In response to such reminders he had handed over one Cheque bearing No. 493009 of Punjab and Sind Bank for Rupees 7,00,000 (Rupees Seven Lacs only), and three Cheques of Syndicate Bank bearing Cheque No. 570641 for Rupees 3,00,000 (Rupees Three Lacs Only), Cheque No. 569237 for Rupees 2,50,000 (Rupees Two Lacs Fifty Thousand Only) Cheque No. 569236 for Rupees 5,00,000 (Rupees Five Lacs only) as security, towards the said advance amount given to him by the petitioner No. 4.

10. That having no other alternative the petitioner No. 2 filed an application under Section 12 of the Consumer Protection Act, before the District Consumer Forum at Barasat being C.C. No. 298 of 2016 for appropriate reliefs against the said Sukamal Bose, as the said person failed to