KAMAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the Judgment and Order dtd. 29/7/2019 passed by the Learned Additional Sessions Judge, Fast Track Court - IV, Barrackpore, North 24 Parganas, in Criminal Appeal No. 06 of 2018 (Re. Sri Subir Bhattacharjee Vs. Sri Kamal Ghosh and the State of West Bengal) arising out of Complaint Case No. 253 of 2013 (Re. Kamal Ghosh Vs. Subir Bhattacharjee) whereby allowing the Appeal on contest, without any order as to cost by setting aside the conviction and sentence given by the Learned Judicial Magistrate, 5th Court, Barrackpore, North 24 Parganas on 30/12/2017 in Complaint Case No. 253 of 2013 (TR Case No. 359/2013)(Re. Kamal Ghosh Vs. Subir Bhattacharjee) and further directing the convict/Appellant to set at liberty and also discharged him from his bail bonds and also vacating the stay, if any, in the said Appeal.

(2.) The petitioner and opposite party No. 2 herein were known and/or acquainted with each other, and out of faith and trust the Petitioner on 10/12/2009 gave to the Opposite Party No. 2, on his demand an amount of Rs. 3,75,000.00 only, and a written agreement to that effect embodying the facts and circumstances was duly executed by and between them in presence of two attesting witnesses, and the said instrument was duly notarized on the same day before Learned Kashinath Karmakar, Notary, Government of West Bengal, having Registration No. 15/2002.

(3.) The petitioner states that it was agreed in the said agreement dtd. 10/12/2009 that the entire amount of Rs. 3,75,000.00 only would be refunded within one month from the date of entering into such agreement.