Jayanta Das vs The State Of West Bengal & Anr
2022 Latest Caselaw 5246 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                      CRR 2337 of 2022
                           Jayanta Das
                               Vs.
                 The State of West Bengal & Anr.


      Mr. Kunal Ganguly
      Mr. Tirthankar Mukherjee
      Ms. Madhurima Sarkar
      Mr. Munshi Ashiq Elahi
      Mr. Tirupati Mukherjee
      Ms. Sucheta Pal
                       ...for the petitioner




Item No.198ML


Heard & Judgment on:         10.08.2022


Bibek Chaudhuri, J.

It is alleged that the petitioner is a landlord of the de facto

complainant. The de facto complainant /tenant has defaulted in

payment of rent in respect of the tenanted premises in favour of

the petitioner since September, 2020. Eviction notice was duly

served upon the de facto complainant through the learned

advocate on behalf of the petitioner. After receiving the second

eviction notice, the de facto complainant/opposite party has filed

a complaint against the petitioner in the jurisdictional police

station on 25th November, 2021 on the allegation that the

petitioner induced him to deposit a sum of Rs.3 lakhs in a cheat

fund sometimes in July, 2012.

The petitioner has filed the instant revision for quashing of

the charge sheet filed by the police after investigation.

Prima facie the impugned FIR cannot be said to be false

because of the fact that there is a broken relationship between

the petitioner and the private opposite party as landlord and

tenant. The issue to be decided in the criminal case filed by the

opposite party is as to whether the de facto complainant was

cheated by false representation, practice of fraud and deception

in depositing the money in a particular cheat fund.

Only issue that is to be looked into as to whether the

complaint is barred by limitation since the de facto

complainant /opposite party made an allegation on 25 th

November, 2021 alleging an incident that took place in the

month of July, 2012, i.e., approximately about ten years ago.

Under such circumstances, the instant criminal revision is

disposed of directing the trial Court to consider as to whether

the complaint is barred by limitation and consequent

investigation is also bad at the time of consideration of charge

against the petitioner.

The petitioner is at liberty to act on the server copy of this

order.

(Bibek Chaudhuri, J.)