NURE ALAM CHOWDHURY, J. ( 1 ) THIS application under S. 482 of the Code of Criminal Procedure is directed for quashing of investigation in connection with G. R. Case No. 292, pending before the Court of the Ld. Sub-divisional Judicial Magistrate, Sadar, Krishnagar, District Nadia, arising out of Kotwali Police Station case No. 69 of dated 11-3-1997 u/s. 406, IPC. ( 2 ) THE petitioner Biplab Chandra Dutta is a contractor and executes works of construction in different departments of the State of West Bengal. ( 3 ) ON 11-3-97 one H. Rahaman, Secretary, Nadia Zilla Parishad lodged a First Information Report with the officer-in-charge, Kotwali Police Station alleging inter alia that the petitioner was engaged as contractor for construction of the V. I. P. Hostel Building at the State Institute of Rural Development, Kalyani, in 1987 and accordingly a work agreement was signed between the petitioner and the complainant and the petitioner took supply of departmental materials viz. cement, mild steel worth Rupees 48304/- free of cost but the petitioner did not utilise those materials for the above work and even did not turn up at the work site with the said materials and did not complete the work and the petitioner escaped with those materials and as such the petitioner committed offences for breach of contract and causing financial loss to the Nadia Zilla Parishad. ( 4 ) LD. Advocate appearing on behalf of the petitioner submitted that the petitioner completed 80% of the total work entrusted to him and constructed the ground floor and handed over the possession of the same to the Zilla Parishad Authorities and 75% works in respect of the first floor of the hostel was completed by the petitioner with those materials provided by the Nadia Zilla Parishad. ( 5 ) IT is further submitted that when the construction was on the verge of completion, Additional Executive Officer, Nadia Zilla Parishad, by his order being Memo No. 185/ae-4 dated 2-2-90 cancelled the contract for construction of the said V. I. P. Hostel at State Institute of Rural Development, Kalyani and by the said Memo the petitioner was also directed not to make any further construction and the petitioner was advised to return the raw materials supplied to him by the Nadia Zilla Parishad which were not utilised for the said construction and also directed to make good the financial loss to the Nadia Zilla Parishad for intentional negligence on the part of the petitioner for the execution of the said job. ( 6 ) IT is also submitted that the Zilla Parishad Authorities have withheld payment of more than Rs. 4 lakh payable to him besides the security money of Rs. 22702/- in connection with the contract and in any event the case is of civil nature as the allegations relate to alleged breach of contract. ( 7 ) IT is also specifically submitted that the ingredients of the offence punishable u/s. 406, IPC are conspicuously absent in the FIR lodged about 9 years and 6 months after the alleged occurrence and in terms of S. 468 (2) (c) of the Code of Criminal Procedure cognizance cannot be taken by any court regarding the alleged offence and as such the investigation of the case is liable to be quashed. ( 8 ) LD. Advocate appearing on behalf of the State of submitted that the offence alleged is a continuing offence and as such S. 468 (2) (c) of the Code of Criminal Procedure is not applicable in this case. ( 9 ) AFTER considering the aforesaid submissions on behalf of the petitioner and the State and on perusal of the records I find considerable force in the submissions of the Ld. Advocate of the petitioner that the ingredients of the offence punishable u/s. 406, IPC are absent in the FIR and in the facts, circumstances and the materials on record S. 468 (2) (c) of the code of Criminal Procedure is a bar against taking cognizance of the alleged offence mentioned in the FIR and the allegations transpiring from the FIR prima facie appear to be of civil nature regarding alleged breach of contract. ( 10 ) THE application is therefore allowed and the FIR registered as Kotwali Police Station case No. 69 of 1997 dated 11-3-1997 u/s. 406, IPC and the investigation pursuant thereto corresponding to G. R. Case No. 292 of 1997, pending before the Court of the Ld. Sub-divisional Judicial Magistrate, Sadar, Krishnagar, are quashed and the petitioner is directed to be discharged from the bail bond is connection with the aforesaid case. ( 11 ) LIBERTY is however given to the opposite parties to have recourse to other appropriate legal forums for their alleged grievances, if so advised. Application allowed.