SUKUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (for short Cr.P.C.) has been filed with a prayer for quashing of the proceeding of G.R. Case no. 2820 of 2021 corresponding to Siliguri Police Station Case no. 738 of 2021 dtd. 6/7/2021 under Ss. 341/323/ 506/ 379 of the Indian Penal Code (for short IPC), pending before the Court of Ld. Additional Chief Judicial Magistrate, Siliguri.

(2.) The petitioner was a tenant under Bikash Chanda @ Subal Chanda (since deceased), father of Sri. Subrata Chanda respondent no. 5 herein in respect of a shop room being Municipal Holding No. 341/465, under Ward No. 11 of Siliguri Municipal Corporation on payment of monthly rental of Rs.500.00.

(3.) On 31/8/1995 said Bikash Chanda agree to sell the shop room of same measurement after constructing new building therein at a settled price of Rs.1,000.00(Rupees One Thousand) per sq. ft. Petitioner paid Rs.2,00,000.00 (Rupees Two Lakh) at the time of execution of the said agreement dtd. 31/8/1995. Subsequently, on 30/11/1995 petitioner again paid to the tune of Rs.1,00,000.00(Rupees One Lakh) but said Bikash Chanda failed and neglected either to construct the building or to execute the deed of sale in favour of the petitioner in terms of the said agreement dtd. 31/8/1995, though the petitioner was ready to pay the balance consideration.