ANIRUDDHA GHOSH Vs. SOMNATH GHOSH

JUDGEMENT

(1.) This is an appeal under Sec. 341 of the Code of Criminal Procedure challenging the Order No. 24 dtd. 10/7/2018 passed by the Learned Additional District Judge, 3rd Court at Barasat in Misc. Case No. 1728/2017 arising out of O.S. 39/2015, thereby dismissing appellants ' application under Sec. 340 of the Code of Criminal Procedure.

(2.) During the pendency of the aforesaid suit, the appellants filed an application for grant of probate in respect of the last Will and testament dtd. 7/8/2014 executed by the testator before the Learned District Delegate at Barasat. After service of notice, the respondent duly appeared in the said probate proceeding and filed an application for inspection of the Will. Since the probate proceeding became contentious, it was transferred to the Learned District Judge at Barasat who, in turn, transferred the said suit which was registered as O.S. 39/2015 to the 3rd Court of the Learned Additional District Judge at Barasat for disposal. In the meantime, the appellants filed an application under Sec. 151 of the Code of Criminal Procedure in Title Suit No. 34 of 2015, inter alia, praying for a direction upon the respondent to accept the entire sum of Rs.50.00 lacks.

(3.) It is further stated by the appellants that even in probate proceeding the appellants tried to pay the entire sum of Rs.50.00 lacks to the respondent. In O. S. 39/2015 the appellants filed an application under Sec. 151 of the Code of Civil Procedure making similar prayer for direction upon the respondent to accept the said sum of Rs.50.00 lacks. In order to show their bona fide the appellants filed demand draft for the said amount which was, however, lapsed as the respondent did not receive the said sum. Thereafter, the appellants issued five cheques drawn on the State Bank of India, Bangur Avenue Branch in favour of the respondent but he refused to accept the said cheques. Subsequently, on 16/1/2017 the respondent filed an affidavit stating, inter alia, that he is not ready to accept the said sum for the reason that he believe that the Will is forged, void and inoperative.