MUNIR AHMED FAROOQUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has filed this revisional application under sec. 482 read with sec. 401 of the Code of Criminal Procedure, 1973, praying for quashing of the proceeding in G.R. Case No. 2770 of 2007, corresponding to Bowbazar Police Station Case No. 406 of 2007 dtd. 21/11/2007 under sec. 420/120B of the Indian Penal Code, pending before the Court of Learned Metropolitan Magistrate, Third Court, Kolkata.

(2.) In brief, the facts leading to filing of this application is that Imam Hossain, Opposite Party No. 2 herein lodged a complaint before Bowbazar Police Station on 6/7/2007 and address to the Deputy Commissioner of Police Detective Department Lalbazar, Kolkata, which gave rise to Bowbazar Police Station G.D Case No. 406 dtd. 21/11/2007 under sec. 420/120B of IPC.

(3.) The opposite party in his complaint alleged that on 5/1/2002 and onwards, the accused persons namely Munir Ahmed Farooqui and Md. Farooqui entered into a criminal conspiracy and induced the complainant with false promise of entering into a partnership business and proposed to give him 50% share in a manufacturing unit of PVC footwear. Relying on such representation of the accused persons, the complainant paid Rs.20,00,000.00in cash to accused Munir Ahmed Farooqui in two installments of Rs.10,00,000.00 each. However, the accused persons after starting the business did not enter into any partnership agreement with the complainant and did not pay him any share of profit. Subsequently, accused petitioner admitted that he receive a total sum of Rs.20,00,000.00 from the complainant and promised to pay him a compensation of Rs.12,000.00 per month on the whole amount until he repaid Rs.20,00,000.00 to the de-facto complainant. Even after entering into an agreement on 16/3/2005, the accused/petitioner did not make any payment and thereby the accused persons cheated the complainant by such inducement to part with his money.