Calcutta High Court (Appellete Side)
Sri Aniruddha Neogi vs The State Of West Bengal & Anr on 2 August, 2022
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
02.08.2022 Item No.131.
M/L. Mithun Ct.42 CRR 2283 of 2022 Sri Aniruddha Neogi Vs. The State of West Bengal & Anr.
Mr. Dipanjan Chatterjee, Adv.
Mr. Suman Dutta, Adv.
Ms. Dipika Banu, Adv.
Ms. Puja Kar, Adv.
...for the petitioner.
An agreement for sale was executed between the petitioner and other co-sharers in respect of a piece of land in one part and intending purchasers being the second part of the agreement on 13 th March, 2019. It was agreed by and between the parties that sale is to be effected within 45 days of execution of the agreement for sale. Total amount of compensation price was fixed at Rs.8.15,00,000/- (Rupees Eight Crore and Fifteen lakhs). As per the agreement the intending purchasers initially paid Rs.1,00,00,000/- (Rupees one crore) in favour of the petitioner and other co-sharers as earnest money.
As the intending purchasers failed to complete the sale within stipulated period, the petitioner forfeited an amount of Rs.9,00,000/- (Rupees nine lakhs) as per agreement and returned 2 the balance amount of Rs.91,00,000/- (Rupees ninety one lakhs) out of the said earnest money to the intending purchasers and the agreement for sale was snapped.
Subsequently, the de-facto complainant/opposite party has filed a written
complaint before the jurisdictional police station resulting in institution of FIR No.36 of 2020 dated 28th January, 2020 under Sections 420/406/120B of the Indian Penal Code. It is contended by the learned Advocate for the petitioner that the de-facto complainant did not file any suit for specific performance of contract. Relation of intending seller and purchaser was established on the basis of the agreement dated 13th March, 2019 between the parties. Payment of earnest money and return of the substantial amount of money deducting the forfeited amount are parts of commercial transaction. No criminal liability arises against the petitioner. So is the prayer for quashing of the aforesaid criminal proceeding.
The instant revision is admitted. The petitioner is directed to serve notice upon the private opposite party under registered speed post with acknowledgment due and file affidavit-of- service within 3 weeks from the date of this order. 3
The State of West Bengal be served through the learned Public Prosecutor, High Court, Calcutta.
In the meantime, there shall be an interim order of stay of all further proceedings in G.R.Case No.162 of 2020, pending before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly arising out of Uttarpara Police Station Case No.36 of 2020 dated 28th January, 2020 under Sections 420/406/120B of the Indian Penal Code for a period of six weeks.
Liberty to mention.
The agreement executed by and between the parties be kept with the record.
(Bibek Chaudhuri, J.)