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2024 Supreme(Cal) 214

SHAMPA DUTT (PAUL)
Sanjay Singha – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kamalesh Chandra Saha, Ms. Payel Mitra.
For the Respondent: Mr. Kallol Kumar Basu, Mr. Jannat Ul Firdous.

JUDGMENT :

Shampa Dutt (Paul), J.:

1. The revision has been preferred praying for quashing of the proceedings in Complaint Case being no. C-401/19 under Sections 120B/403/420/506/34 of I.P.C pending before the Learned 1st Additional Judicial Magistrate, Basirhat, North 24 Parganas.

2. The prosecution case against the petitioners in a gist is that:-

One Nripen Sarkar filed a petition of Complaint before the Learned Additional Chief Judicial Magistrate, Basirhat, stating inter alia that:-

    “The petitioner No.1 is the brother-in-law of the Complainant and with the instigation of other petitioners, the private opposite party no. 2 issued a Cheque on Axis Bank being Cheque No. 92069 on 05.05.2015 and thereafter the petitioner No. 1 deposited the said Cheque to his account on 07.05.2015 of rupees 80,000/- for encashment and subsequently the petitioner no. 1 withdraw the said amount with a condition that he will purchase a plot of land in the name of the wife of the opposite party no.2 but unfortunately the petitioner No.1 refused to return the said amount that is rupees 80,000/- to the opposite party no.2 on 02.02.2019 and when the opposite party no.2 asked the petitioner no.1 to return the sa

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