BALAI CHANDRA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Revision is for the quashment of the proceedings of case No. G.R./2134 of 1984 wherein the petitioner/accused Balai Chandra Dutta has been facing the trial having been charged with the offence punishable under S. 420 of the IPC.

(2.) The facts leading to the case in question may be briefly stated thus.

(3.) The allegation of the de facto complainant that is, O.P. No. 2, Smt. Sabita Ghosh, is that the accused/petitioner dishonestly induced the de facto complainant on March 5, 1981, to part with a sum of Rs. 35,000/- on a false representation that the accused/petitioner would arrange a Mini Bus permit for the de facto complainant. Relying on the said representation, de facto complainant paid a sum of Rs. 35,000/- in three instalments to the accused/petitioner in cash at the sweet-meat shop of M/s. K.C. Das on Esplanade Row (East), Calcutta. It was alleged by the de facto complainant that a sum of Rs. 15,000/- was paid on March 27, 1981, a sum of Rs. 10,000/- was paidon April 10, 1981 and a sum of Rs. 10,000/- was paid on April 19, 1981. It was the further the allegation of the de facto complainant that in spite of repeated requests, the accused/petitioner neither returned the case nor arranged for a permit as assured and subsequently the accused/petitioner issued three cheques on different Banks on different dates but all the cheques were dishonoured by the Banks and thereby the accused/petitioner cheated the de facto complainant in respect of a sum of Rs. 35,000/-.