SANDEEP SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) The allegation, on which the respondent herein initiated the criminal complaint, was that the second respondent was duped with the pretext of a sale of a flat towards which he paid an amount of Rs.10.00 lakhs in total, by way of two installments. Neither was the money paid back nor was the flat sold to the second respondent, was the allegation. There was also an allegation that the appellant summoned the second respondent on the pretext of refund of money and then assaulted him. On the ground that the money having been handed over in 2019-2020, in 2023 a written complaint was made to the Superintendent of Police by the second respondent. No response having been received, he instituted a Complaint Case No.3412 of 2023 before the Chief Judicial Magistrate, Unnao.

(3.) Statements of the de facto complainant and some witnesses were recorded under Sec. 202 of the Code of Criminal Procedure, 1973 (Cr.PC). After inquiry, the police confirmed that there existed no flat as pointed out by the appellant and submitted the call data records to show that the appellant was present at Lucknow on 6/3/2023, the alleged date of assault. There was also a proceeding under the Negotiable Instruments Act, 1881 with reference to Rs.10.00 lakhs pending against the wife of a land broker, which is from the same transaction. The Chief Judicial Magistrate dismissed the complaint, holding that the dispute was civil in nature.