IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction APPELLATE SIDE Present:

The Hon’ble Justice Shampa Dutt (Paul)

CRR 4976 of 2023 Pawan Agarwal and Another -Vs-

The State of West Bengal and Another For the Petitioners : Mr. Sourav Chatterjee, Sr. Adv., Mr. Satadru Lahiri, Mr. Safdar Azam.

For the O.P. No. 2 : Mr. Ayan Bhattacharya, Sr. Adv., Mr. Anirban Dutta, Mr. Ayan Mondal.

Hearing concluded on : 06.05.2025 Judgment on : 16.05.2025 Shampa Dutt (Paul), J.:

1. The present revisional application has been preferred by the petitioner praying for quashing for the proceeding being Complaint Case No. C/724 of 2023 under Sections 406 /419 /420 /423 /464 /467 /468 /470 /471 /120B /34 of the Indian Penal Code, 1860, pending before the Learned Judicial Magistrate, 4^th Court, Alipore.

2. The complainant/opposite party no. 2’s case in the petition of complaint before the trial Court contains the following allegations:-

i) The complainant is a resident of the premises 26/3, Hindustan Park, 3rd floor since the last 25 years. The complainant is presently running a shop from the ground floor of the said premises along with his son namely Mr. Shyam Anand Agarwal.

ii) The complainant along with the Opposite parties no. 1 to 2 held jointly in diverse undivided share in respect of one road facing shop room measuring 300 sq. ft, being premises no. 26/3B, Hindustan Park, Ground Floor, Police Station Gariahat, Kolkata 700029 (herein after referred to as the (said shop). The complainant is the co-owner of undivided one-third share in the said shop as per the agreed family settlement dated 31st October, 2010.

iii) The said shop was rented out to one Asha Rani alias Rajrani Dhawan as a tenant, who started a business under the name and style of “M/s. Kwality Shoes‟. After the untimely demise of the tenant namely Asha Rani alias Rajrani Dhawan, one Ashoke Kumar Dhawan had obtained a trade license for operating and carrying on the business under the name and style of “M/s. Kwality Shoes” at the said shop.

iv) However since last several years the said tenant started defaulting in payment of rent to the landlords for which several reminder and intimation was given to the said tenant. However, around May 2018, it came to the knowledge of the complainant that the said Ashoke Kumar Dhawan was trying to sublet the premises to a third party without the permission or knowledge of the complainant.

v) The said property was tenanted and on apprehension that the tenant would sublet, the complainant initiated a Title (Civil) suit being 729 of 2018 which is pending at Alipore Court, wherein an order of injunction exists from creating any third party rights.

vi) Due to alleged dispute between the parties, the petitioners herein initiated M.P. Case 1962 of 2022, wherein the document dated 27.08.2018 was annexed, and the complainant came to know for the first time about a memorandum of understanding between the petitioners herein and the tenant, who had handed over the possession of the said disputed premises to the petitioners herein being the co-owners for consideration, paid to the tenant and wherein the right of the complainant as a co-

owner was ignored.

vii) The complainant states that the act of creation of such false document which was done by the opposite parties/Accused persons upon presuming and/or impersonating the authority of the Complainant as a co-owner clearly satisfies the ingredients for commission of the offence of forgery and creation of valuable security for the purpose of cheating.

3. The petitioners/accuseds case is that:-

a) The parties herein are the co-owners of the disputed property.

b) To stop the tenant from handing over the property to promoters, the petitioner no. 1 and father of the petitioner no. 2, being two of the landlords, to avoid litigations and to recover the property from possession of Dhawans accepted the same. The complainant/opposite party was requested to contribute but he refused. From the date of surrender of the said shop room