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IN THE HIGH COURT AT CALCUTTA
APURBA SINHA RAY
Sankar Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
APURBA SINHA RAY, J.
1. The instant application under Section 482 of Cr.P.C. was filed by the petitioner Sankar Mondal alleging inter alia that initially an agreement dated 01.03.2017 was executed by and between the opposite party no. 2 and himself. The said agreement was essentially a development agreement for a project to be constructed by the opposite party no. 2 who had paid Rs. 25,00,000/- (twenty five lakhs only) to the petitioner by way of cheques on the basis of certain conditions as mentioned in the said agreement. However, subsequently misunderstanding and disputes were cropped up and by an agreement dated 04.01.2020 the aforesaid agreement dated 01.03.2017 was mutually cancelled on condition that the petitioner will have to pay Rs. 80,00,000/- (eighty lakhs only) to the opposite party no. 2. However, it is mentioned in the second agreement that the proposed sum of Rs. 80,00,000/- (eighty lakhs only) will include Rs. 25,00,000/- (twenty five lakhs only) which was paid to the opposite party no. 2 by the petitioner.
2. Mr. Maity, learned counsel for the petitioner, argues that the said agreement dated 04.01.2020 is unconscionable and the petitioner was forced to e
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