NEENA SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.C. Borbora, learned Senior Counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam and Mr. D. Goswami, learned counsel for the respondent No. 2.

(2.) The present application under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC) read with Article 226 of the Constitution of India has been preferred seeking quashment of Complaint Case No. 1970/2019 dtd. 16/5/2019 and Order dtd. 1/11/2019, passed by the Court of learned Judicial Magistrate First Class (JMFC), Kamrup(M), taking cognizance of the offence under Sec. 406 of the Indian Penal Code (IPC) against the present petitioner.

(3.) The prosecution case is that the accused person is the owner and possessor of a plot of land covered by Dag No. 189 of K.P Patta No. 50 of Village Patarkuchi (Kamarkuchi) under Panbari Mouza in the district of Kamrup (Metropolitan), Assam, which she had proposed to sell to the complainant and on 25/2/2015, the accused person entered into an agreement for sale with the complainant thereby agreeing upon to sell the said plot of land to the complainant and upon signing of the said agreement, the complainant had paid Rs.5,50,000.00 (Rupees five lakhs fifty thou-sand only), which was the total consideration for the said sale, in cash to the accused person and the accused person duly acknowledged the receipt of the same. The husband of the complainant, Shri Rajib Baruah and the husband of the accused person, Dr. Indrajit Sharma were attesting witnesses to the said agreement.