The respondent No.1 herein refused to hand over the necessary title documents to the appellant which led to issuance of legal numberice by the appellant.
Respondent No.1 herein accused No.1 filed application under Section 482 of Cr.
C/949 of 2005 passed by the Additional Metropolitan Magistrate, Calcutta.
The Additional Chief Metropolitan Magistrate forwarded the companyplaint to the officer in charge of the Amherst Street Police Station for causing investigation under Section 156 3 of Criminal Procedure Code by treating the companyplaint as First Information Report.
P.C and quashed the companyplaint proceedings.
PC for quashing the said proceedings including the FIR.
Thereafter the High Court heard both the parties and by impugned order dated June, 29, 2010 allowed the application under Section 482 Cr.
Challenging the said order the appellant herein preferred appeal to this Court in Criminal Appeal No.852 of 2008 and this Court by judgment dated May 09, 2008 allowed the appeal and remitted the case to the High Court for a fresh decision in accordance with law.
Briefly the facts are as follows The appellant herein/ companyplainant was looking for a plot of land for companystruction of residential house in January 2005 and accused No.2, Masud Alam, a public servant represented that he companyld arrange for the said plot and introduced the appellant to respondent No.1/accused No.1 who stated that he had a plot of land and the appellant believing the representation made by the accused No.2 entered into an agreement for sale with respondent No.1 herein accused No.1 and also paid a sum of Rs.5,00,001/ in cash.
All other methods to companypel respondent No.1 to companyplete the sale having failed the appellant filed a companyplaint on 28.10.2005 in the Court of Additional Chief Metropolitan Magistrate, Calcutta against respondent No.1 herein accused No.1 and accused No.2 for the offences punishable under Section 420, read with Section 120B of the IPC.
Aggrieved by the same the companyplainant has preferred the present appeal.
This appeal is preferred against order dated June 29, 2010, passed by the High Court of Calcutta in CRR No.1978 of 2006 in FIR No.251 dated 10.11.2005 on the file of Amherst Street Police Station registered for the alleged offences under Section 420/120B IPC including the order dated 28.10.2005 in case No.
Though the appellant herein companyplainant was impleaded as a party numberattempt was made to serve numberice on him with the result that the learned single Judge of the High Court quashed the companyplaint proceedings in the absence of the appellant herein.
NAGAPPAN, J. Leave granted.
CRMP No.12896 of 2011 seeking impleadment as a party is dismissed.
