- (1.) RE : Application under Section 482 read with Section 401 of the Code of Criminal Procedure filed on 03.05.2013 This is for quashing of a charge -sheet for an offence punishable under Section 341/323/420/506 of the Indian Penal Code.
(2.) IT appears from the materials -on -record that it is the case of the de facto complainant that the present petitioner took a sum of Rs.1,25,250/ - from him on an assurance that by the said amount a Tata Sumo (Spacio) will be purchased and same shall be used in I.T. Sector as pool car.
(3.) IT is the further case of the de facto complainant that although he handed over the entire amount to the accused persons but in spite of his repeated asking the petitioner neither delivered the car nor even had shown him the same. Thereafter one certificate purportedly issued by the Manager, Lexus Motor Limited was produced before him and on enquiry from the person concerned one Siddhartha Dasgupta it was ascertained that although the certificate bears his signature but there was no actual booking as referred therein. It is the further case of the complainant that thereafter he met the accused person at his office and asked him either to deliver the car or to return the money but the accused flatly refused to pay any heed to his request.;