ASHISH GUPTA Vs. KUNWER SINGH

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order dated 21.1.2008 as well as the entire proceedings in Criminal Case No.37 of 2008, Kunwer Singh Vs. Om Prakash & others, U/s 420/504/506 IPC, pending before C.J.M., Rudraprayag.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the case of the complainant/respondent no.1 is that on 14.6.2002 co-accused Om Prakash along with Ashok Kumar Rekhi came at his house and co-accused Om Prakash agreed to buy his Truck in his name No.UP-07-B-9533 and then to sell in the name of co-accused Ashok Kumar Rekhi (respondent no.2). On the same day the co-accused checked the said Truck and deal was finalized for Rs.91,000/- out of which Rs.4,000/- was given in cash and rest of the money i.e. Rs.87000/- was agreed to be paid within a month. On 15.6.2002 the complainant himself drove the Truck till Rishikesh and given the same in the possession of co-accused along with the sale letter. The said co-accused fraudulently got the said Truck financed from the petitioner-Ashish Gupta in the name of complainant and the address was shown as Rishikesh and not the place where the complainant was residing and even no contact was made with the complainant nor there are any signatures or photograph on the said finance agreement and that the said photograph and signatures were made by the accused fraudulently. On 27.6.2002 the said Truck met with an accident in Dehradun. When the complainant contacted the accused for his money, they abused and threatened him to his life. The complainant was examined u/s 200 Cr.P.C. while the witness, Rajendra Singh was examined u/s 202 Cr.P.C. Vide order dated 21.1.2008, the court below summoned the petitioner u/s 420/504/506 IPC. Hence this petition.