KISHOR DAS Vs. PINKY DAS

JUDGEMENT

(1.) Heard Mr. B. Sharma, learned counsel for the petitioner and Mr. B. Gogoi, learned counsel appearing for the opposite party.

(2.) By the instant application filed under Section 482 CrPC, the petitioner has prayed for setting aside and quashing the impugned order, dated 07.09.2016, passed in Complaint Case No.2294c/2016 by the learned Special Judicial Magistrate, Kamrup (M) at Gauhati and order, dated 15.11.2016, as well as the proceeding in Complaint Case No. 229472016 pending in the Court of the learned SDJM (1), Kamrup (M) at Gauhati.

(3.) The petitioner's case precisely is that the learned SDJM (I), Kamrup (M), Gauhati took cognizance of the said case being CR 229472016 lodged by the complainant/opposite party herein and issued summons to the petitioner under Section 420 IPC. The contention of the petitioner is that the opposite party along with her husband, namely, Naba Kumar Das, on 02.08.2013, approached the petitioner, who is one of the partners of the firm M/S Kirti Construction and after negotiation, they agreed to purchase a flat and thereupon, the husband of the opposite party, as per the terms and conditions, by way of advance payment, handed over a Cheque of Rs. 9 Lacs, dated 02.08.2013, bearing No.015253 drawn on IDBI Bank from his own account and booked a flat measuring 1040 sq.ft. @ Rs. 2,550/- per sq.ft. in the joint name of himself and his wife i.e, the opposite party herein, against which, the petitioner issued money receipt to the complainant. However, the complainant failed to deposit the required balance amount within the stipulated time.