NIRANJAN DAS Vs. DIPAK DAS

JUDGEMENT

(1.) Heard Mrs. Sumita Choudhury, learned counsel for the petitioner. None appears for the respondent despite notice.

(2.) By this criminal Revision, the petitioner has prayed for quashment of the criminal proceeding initiated through the complaint case No. 400C /96 before the Court of Munsiff and Judicial Magistrate, Ist Class Barpeta as well as the order dated 22.2.96 by which the cognizance of offence under Sections 406/ 506 IPC has been taken against the accused/petitioner.

(3.) The impugned criminal proceeding has been launched on the basis of a complaint filed by the respondent wherein it was narrated that though the vehicle (Bus) bearing registration AS-15-1155 was registered in the name of his mother, due to sickness of his mother, the complainant/ respondent along with his mother entered into an agreement of sale of the said vehicle with the petitioner and as per the said agreement, an amount of Rs.70,000/- was paid to the complainant's mother by the petitioner. But after that, the petitioner failed to repay the outstanding amount of the vehicle which costed Rs.3,51,000/-. It was also mentioned in the complaint itself that since the vehicle was purchased on being financed by Telco Company, the entire price money of the vehicle was to be paid by the complainant /respondent .Despite repeated request, the accused petitioner did not pay any heed to it and in the alternative he threatened the respondent with dire consequences for which the complainant respondent was compelled to lodge the said complaint wherein he also made a prayer for issuance of search warrant by the competent Court.