- (1.) Invoking Section 482 of the Code of Criminal Procedure the present petitioner moved this Court, seeking quashing of a FIR, registered at Bowbazar Police Station in which he along with two others have been arraigned for commission of offences punishable under Sections 406/402/465/467/468/471/120B of the Indian Penal Code.
(2.) Mr. Shivshankar Baenrjee appearing in support of this criminal revision urged the following points; (a) The allegations in the FIR made no case against the petitioner. (b) The entire deal between the complainant and the accused arose out of a purely commercial transaction and as such if there is any dispute, the same would only amount to a civil breach of contract and no criminal offences. (c) The entire deal was entered into out of an agreement therefore dispute, if any, is civil in nature. (d) Long delay in lodging FIR makes the case of the complainant totally un-reliable. The Learned Counsel for the State Mr. Swapan Kumar Mullick vehemently resisted this application for quashing and by producing the Case Diary submitted that sufficient materials have been collected by the police during investigation which clearly shows the complicity of the petitioner in the commission of the offences.
(3.) Heard the Learned Counsels appeared on behalf of the parties. Perused the impugned First Information Report as well as the Case Diary containing the evidentiary materials collected by the police during investigation and other materials on record.;