MD. IMRANUDDIN SIDDIQUE Vs. JHARNA DAS

JUDGEMENT

(1.) The petitioner being the accused of complaint Case No. 84 of 2017 under the charge of Ss. 420/406/506/34 of the IPC read with Sec. 93 of the Code of Criminal Procedure has come up before this Court for quashing of the abovementioned proceeding pending in the Court of learned Judicial Magistrate, Second Court of Barrackpore. He has also challenged the order dtd. 15/12/2021 being illegal, irregular and passed beyond the jurisdiction of learned Magistrate.

(2.) Brief fact leading to the filing of the instant proceeding is that the opposite party was the registered owner of a Scorpio S-10 car. She produced the said car taking loan from HDFC Bank. The accused agreed to purchase the said car at a consideration of Rs, 10 lakhs. In order to purchase the said car, the accused brought a non judicial stamp paper and prepared an agreement dtd. 14/11/2016 to the effect that the complainant would obtain NOC from the petitioner bank within ten days after receiving the full and final price amount of the said Scorpio car from the accused/petitioner. On 16/11/2016, the accused paid a sum of Rs. two lakks and the remaining sum of Rs. eight lakhs remained due. After making such payment, the accused took the said car from the complainant for test drive. Subsequently, he did not return the said car. He also failed and neglected to pay the rest amount of Rs. eight lakhs and thereby committed offence under Sec. 420/406/506/34 of the IPC. It is found from the record that previously the accused moved this Court in CRR 2162 of 2017 and a co-ordinate Bench passed an order dtd. 22/9/2021 directing the complainant to appear before the learned Magistrate, Second Court at Barrackpore for examination under Sec. 200 of the Code of Criminal Procedure. It is also directed that the whole exercise record under Sec. 203/204 of the Cr.P.C. as also Sec. 97 of the Cr.P.C. should be completed by 31/12/2021.

(3.) It is submitted by Mr. Sabir Ahmed, taking me to an agreement executed by and between the complainant and the accused on 18/11/2016 that by virtue of the said agreement, the complainant sold out the car at Rs. ten lakhs and she also agreed to liquidate the entire loan amount lying due on HDFC Bank to change the name of the owner of the car in the name of the accused/petitioner. It was also settled that the consideration price was Rs. ten lakhs. The petitioner has also produced a money receipt of Rs. ten lakhs where the complainant put her signature on the revenue stamp in presence of witnesses. It is also submitted by Mr. Ahmed that the opposite party already executed form Nos. 28, 29 and 30, which are required for transferring the name of the subsequent owner in respect of the vehicle.