ATINDRA NATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order dtd. 6/3/2023 passed by the Learned Additional Chief Judicial Magistrate, 2nd Court, Baruipur, South 24-Parganas in relation to Sonarpur P.S. Case No.944 of 2020, dtd. 18/11/2020 for the offence punishable under Sec. 420/34 of Indian Penal Code and all others therein is assailed in the instant revision.

(2.) The background of the case leading to filing of the instant revision is as follows:

(3.) One Atindra Nath Mondal, the petitioner is an octogenarian aged about 85 years suffering from cancer and has an ailing wife of 76 years. He is the lawful owner of a house along with some landed property situated at Mouza- Kusti, J.L. No. 107, R.S. Dag Nos. 499, 507 and 508 corresponding to L.R. Dag Nos. 512, 523 and 524 under R.S. Khatian No.311, corresponds to L.R. Khatian No. 1 in District South 24-Parganas Police Station-Sonarpur. Due to paucity of funds he wanted to sell 4.5 decimals of land and the assets and the opposite parties No.2 to 4, namely, Tapasi Mondal, Sanjay Mondal and Kutubuddin Mallick, who taking undue advantage of his failing health made him sign a fabricated document and treated the same as a genuine one. The petitioner states that he was completely unaware of the forgery committed intentionally and that the opposite parties No.2 to 4 knowing that the signed document would be a valuable security indeed him to sign the said document, which he did without knowledge. The opposite parties trespassed into the petitioner's house on 7/2/2020 and, with force, tried to oust the petitioner from his lawful portion showing that the petitioner had sold out the entire land along with the house to them and not the 4.5 decimals of land only. He complained to the A.D.S.R. Sonarpur and discovered that a deed of sale being no.160800362 for the year 2020 clearly recited that he had sold his land along with the house for a considerable amount of Rs.36,52,500.00 only, where in reality he had received only Rs.10,00,000.00 vide two cheques bearing no. 000058 and 000059 drawn on Bandhan Bank, Rajpur Branch. He also intimated the Officer-in -Charge of Sonarpur Police Station, but the complaint was treated as Sonarpur Police Station F.I.R. No. 944 of 2020 dtd. 18/11/2020 and for the offence under Sec. 420/34 of Indian Penal Code.