DHIRAJ KUMAR SARKAR Vs. DEBABRATA DAS

JUDGEMENT

(1.) BY this application, filed under Section 482 Cr.P.C., the petitioner, who is one of the accused person, in Complaint Case No. 676/2012, pending before the learned Sub -Divisional Judicial Magistrate, Hojai, Sankardev Nagar, has prayed for quashing the said proceeding on the ground that the allegations made against the petitioner do not constitute a criminal offence and that he is no way involved with the alleged offence. The complainant, who had business relation with the petitioner and other accused persons, used to purchase goods from the accused No. 2 through the petitioner and accordingly used to pay money in advance to the accused persons through his stockiest i.e. the petitioner and accordingly, the petitioner, after receiving the goods, supplied by accused No. 2, used to send the same to the complainant. In the said way, the transaction, between the parties, continued w.e.f. 07.05.2011 till 18.05.2011 without any difficulty.

(2.) THE complainant deposited another amount of Rs. 18,62,904/ - in two installments i.e. Rs. 8,81,954/ - and Rs. 9,91,200/ -, with the petitioner, towards supply of goods, but the complainant did not receive the goods against the said payment.

(3.) AS alleged by the complainant, despite repeated approach, made by him, the accused persons refused to return the amount, taken as advance and threatened the complainant with dire consequences.