MD ZOBAIR HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application under Section 482 Cr.P.C. filed by the petitioner praying for quashing the proceeding being G.R. Case No. 1526/2000 arising out of Sankrail P.S. Case No. 159/2000 under Sections 420/504/506,I.P.C. pending in the Court of learned Chief Judicial Magistrate, Howrah.

(2.) The circumstances leading to the above application are that at the fag end of construction of house by the petitioner at Bakultala, Howrah, O.P. No. 2 contractor along with one Priyabrata Roy of D.P. Construction approached the petitioner to complete the remaining portion of the house. As per verbal agreement, the petitioner would supply all materials and the said contractors would engage their labourers for construction of remaining portion of the house, and the petitioner paid Rs. 1,65,000/- by instalments to them. As the work done by the contractors was of poor quality, the petitioner stopped the construction work. The contractors claimed that the work done by them was to the tune of Rs. 5,00,000/-. It was agreed that a civil engineer would be engaged to assess the work done by the contractors. The civil engineer assessed the work done by the contractors to the tune of Rs. 1,98,498.41. The contractors agreed to the said assessment and final payment of Rs. 15,000/- was made by the petitioner by cash/cheque on 10.12.1991 when both the contractors received the amount by duly signing on their official pad. After nine years the petitioner came to learn that a complaint was filed against him alleging that he abused and threatened the contractors with dire consequences when they went to the petitioner's house on 24.05.2000 to claim the due amount of Rs. 3,00,000/-. The above complaint is bad in law as it does not constitute the offence alleged.

(3.) Being aggrieved by continuation of the said proceeding, the petitioner has come up before this Court.