GOUR MOHAN DAS Vs. STATE

JUDGEMENT

(1.) THE present case arises out of an application under Section 482 of the Code of Criminal Procedure 1973 for quashing the criminal proceeding of B.G.T. Case No. 2347 of 2006 arising out of Thakurpukur P.S. Case No. 226 of 2006 dated 12.8.2006 under Sections 420/323/504/506 of the Indian Penal Code which is pending before the learned 1st Judicial Magistrate, Alipore, South 24 Parganas.

(2.) THE relevant facts of the present case are, in a nutshell, as follows:

(3.) THE learned counsel for the petitioner has submitted that the defacto complainant/O.P. No. 2 herein in his petition of complaint has never stated that the accused person dishonestly induced the defacto complainant to execute the said agreement and that no allegation whatsoever has been made in the said petition of complaint that the accused person had an intention to cheat the defacto complainant from the very inception; on the other hand, from the petition of complaint, it is evident that the accused made payment part by part and he did not pay Rs. 1,35,000/- out of Rs. 3,85000/-. It is further submitted that the petition of complaint was filed after the lapse of more than 2 years and as per the provision of Section 468 of the Code of Criminal Procedure, initiation of case under Section 323/504/506 IPC are barred by limitation.