KALIDAS MUKHERJEE, J.

1. THIS is an application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings being Baruipur P.S. Case No. 299/2008 dated 23.07.2008 under Section 420/409/506/34 of the Indian Penal Code now pending before the learned Judge, Special Court, 24 Parganas (South), Alipore being Special Case No. 4 of 2010.

2. THE prosecution case, in short, is that the accused no. 1 introduced himself as the proprietor of Jayanta Motors having its office at Baruipur. There was a verbal agreement between the accused and the complainant that the complainant would pay a sum of Rs. 94,227/- for the purchase of Campo Hand Tractor from the accused person and it was further agreed that the accused person on receipt of Rs.50,000/- would deliver the said Hand Tractor in favour of the complainant.

The complainant believed the accused and on good faith paid Rs.84,000/- during the period from 11.08.1997 to 19.01.1998 to the accused person as advance.

3. THE complainant is a retired person aged about 76 years and from his service benefit he paid the money relying on the accused. But even after the payment of the amount, the accused petitioner did