BIKASH CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of the Code of Criminal Procedure, 1973. It is all about being aggrieved by an order dated 17.2.1999 passed by the Learned Judicial Magistrate, First Class, Barrackpore in G.R. Case No. 3217 of 1992 arising out of Bidhannagar Police Station Case No. 103 of 1992 dated 15.8.1992 under Sections 420/406/465/467/120B of the Indian Penal Code. The petitioner who happened to be a doctor responded to an advertisement appeared in Ananda Bazar Patrika dated 8.11.1990 inviting offers for sale of a co-operative flat at Purba Co-operative Housing Society Ltd., Salt Lake City, where one Nisith Das represented himself to be an authorised agent of Sri Satyanshu Chakraborty, the recorded owner of the flat negotiated the sale process. The then Hemen Moitra of the aforesaid Housing Society also testified that the said Nisith Das is an authorised agent of the owner and duly advised him to apply for membership of the society which was done by the petitioner.

(2.) On fulfilment of all the necessary obligations the said flat No. A-6 of the aforesaid Society was transferred by the execution of a deed of transfer on 27.11.1990. Sri Nisith Das and one Chandra Sekhar Hazra were the witnesses of the said deed'and one Pannlal Mandal, Advocate was the identifier of the agreement and signature was attested by Mr. P.K.Roy, notary, which speaks of active participation of the de facto- complainant,The de facto-complainant Satyanshu Chakraborty filed a petition of complaint which was sent under Section 156 (3) Cr. P. C. for investigation. The complaint petition inter alia states as follows:

(3.) That in 1969 there was an amicable oral agreement at London by and between Sri Satyanshu Chakraborty and Smt. Mitali Chakraborty on the one part and Smt. Dipali Das,a resident of London, on the other hand, that Smt. Dipali Das intended-to purchase the aforesaid flat.