JAYANTA BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings being Baruipur P.S. Case No. 299/2008 dated 23.07.2008 under Section 420/409/506/34 of the Indian Penal Code now pending before the learned Judge, Special Court, 24 Parganas (South), Alipore being Special Case No. 4 of 2010.

(2.) THE prosecution case, in short, is that the accused no. 1 introduced himself as the proprietor of Jayanta Motors having its office at Baruipur. THEre was a verbal agreement between the accused and the complainant that the complainant would pay a sum of Rs. 94,227/- for the purchase of Campo Hand Tractor from the accused person and it was further agreed that the accused person on receipt of Rs.50,000/- would deliver the said Hand Tractor in favour of the complainant.

(3.) IN spite of such undertaking of the accused person he did not deliver the said hand tractor and the complainant several times went to the office of the accused person and having failed, sent a lawyer's letter to the accused person for getting the said tractor. But the letter returned with the remark "absent" on the different dates.