KRISHNAPADA MANDAL Vs. ARUP KUMAR SINHA

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by Krishnapada Mondal and Smt. Mamata Mondal praying for quashing of the proceedings in case no.C-403 of 2007 under Sections 420/120B of the Indian Penal Code pending in the court of the learned Additional Chief Judicial Magistrate at Sealdah, on the ground that no prima facie case has been made out in the uncontroverted allegations and aspersions put forth by the opposite party in the complaint filed before the learned Magistrate, who, in turn, had taken cognizance of the same.

(2.) The petitioners, Kalipada Mondal and Smt. Mamata Mondal, approached Arup Kumar Sinha, opposite party no. 1, to purchase the landed property which he wanted to sell. It was decided that the property would be sold to the petitioners by the opposite party at a sum of Rs.83,000/-. On 10.10.2006, the petitioners paid a sum of Rs.48,000/- in cash towards consideration money. On 16.10.2006 they handed over a cheque of Rs.35,000/- i.e. a balance consideration sum to the opposite party no.l as full and final settlement. On the next day, i.e. on 17.10.2006, the title deed was registered in the name of the petitioners and they took over the possession of the property. On 23.10.2006 the cheque was placed before the bank for encashment but was dishonoured. The opposite party no.l informed the petitioners that the cheque they issued was dishonoured and the petitioners assured them that they would arrange money so that on a subsequent presentation of the cheque, it would not be dishonoured. But on 16.4.2007 when the cheque was presented for encashment, it was dishonoured.

(3.) According to the opposite party, everything was done with mala fide intention in order to cheat the opposite party no.l. So, he initiated the criminal case against the petitioner under Sections 420/120B of Indian Penal Code.