Criminal Misc. Case No. 66584 of 2022

Present:

Mr. Justice S M Kuddus Zaman

And

Mr. Justice A.K.M. Rabiul Hassan

Monir Ahmed

.... Petitioner -Versus-

The State and another

…. Opposite Parties Mr. M. Sayed Ahmed, Advocate with Mr. Rafi Ahmed, Advocate

.... For the accused-petitioner Mr. Md. Abdun Nur, Advocate

.… For the complainant opposite party No. 2. Heard and Judgment on 31.07.2024

S M Kuddus Zaman, J:

This application under section 561A of the Code of Criminal Procedure, at the instance of the sole accused namely Monir Ahmed of C.R. Case No. 454 of 2022 under section 406/420/506 of the Penal Code is for quashment of above proceedings.

Facts in short are that opposite party No. 2 as complainant lodged a complaint alleging that the accused petitioner as the rightful owner and possessor of Monir Tower entered into an agreement with the complainant for sale of two apartments along with five car parking space of above Tower for a total price of Tk. 6,90,00,000.00 and on receipt of Tk. 3,58,75,000.00 he executed and registered a deed of Bainapatra on 25.07.2019.

In above Bainapatra it was stated that above two apartments along with