GOPAL BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the continuation of the order dtd. 9/1/2025 passed by the learned Judicial Magistrate , 1st Court Bolpure, corresponding to GR Case No. 678 of 2022, present Application has been preferred. By the impugned order, learned Court below has rejected the petitioners' prayer for discharge.

(2.) Opposite party no.2 Smt, Tumpa Das lodged aforesaid written complaint interalia alleging that she paid an amount of Rs.1,00,000.00 to one Sukumar Ghosh towards advance consideration price for purchasing a piece of land located at Madhusudanpur Mouza, having Dag No. 278. Thereafter said Sukumar Gosh was showing reluctance to execute registered deed in favour of the complainant and was making different excuses to postpone the same. Thereafter Complainant came to know that inspite of taking aforesaid advance consideration price from opposite party, said Sukumar had sold said piece of land to the petitioners herein.

(3.) In the year 2021 the complainant/opposite party no.2 herein filed a civil suit against said Sukumar and the present petitioners, in order to get back the advance money along with compensation amount. During pendency of the said civil proceeding, the petitioners offered the opposite party no. 2 herein for an amount of Rs.3,50,000.00 inclusive of all charges and requested her to withdraw the case against them, which the complainant herein/plaintiff had agreed. On 16/3/2022 the petitioner no.1 prepared two draft receipts which were duly signed by his lawyer and such receipts along with two demand drafts was handed over to the opposite party no.2 herein in order to obtain her signature on the said money receipt and on being receipt of bank draft, she put her signature on the two money receipts and returned it to the petitioner.