Md. Mumtaz Khan, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner/accused person praying for quashing of the proceeding of G.R. Case No. 72 of 2015 arising out of Goghat Police Station Case No. 14 of 2015 dated January 5, 2015 under Section 420/406 of the Indian Penal Code pending before the learned Judicial Magistrate, Additional Court, Arambagh, Hooghly (GR Case No.72/15).
(2.) The facts leading to the instant revision, in brief, are as follows:
(3.) Opposite party no. 2 was contracted for supply of building materials for repairing as also new construction of the school building of Hazipur Union High School. As per order of the Headmaster of the said school namely the petitioner, opposite party no.2 supplied building materials for repairing as also new construction of the school building. During supplying of the materials opposite party no. 2 demanded money from the petitioner/Headmaster for payment on daily basis. Petitioner paid certain money from time to time in all an amount of Rs. 31,35,251/- to opposite party no.2 and assured payment of the entire money at a time after completion of work. After completion of work opposite party no. 2 demanded balance amount of Rs. 2,39,429/- from petitioner/Headmaster to which he promised to pay the same after some days. In the mean time petitioner retired as Headmaster from that school and the dues of opposite party no.2 remained unpaid. Opposite party no. 2 then submitted a petition before the school authority for payment of his dues. Opposite party no.2 the came to learn that the petitioner has already withdrawn the entire amount from the school fund and has misappropriated the same and cheated him. Opposite party no. 2 then submitted a written complaint before the ACJM, Arambagh against the petitioner praying for sending the same to the O.C., Goghat P.S. under Section 156(3) of the Code of Criminal Procedure for treating the same as FIR which was allowed.;