RAJNISH KUMAR Vs. RACHNA CHAUDHARY

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the proceedings of criminal complaint case No. 2230 of 2006, State of Uttaranchal (Uttarakhand) v. Rajnish Kumar, relating to offences punishable under Section 420, 406 Indian Penal Code, 1860 (for short I.P.C.), pending in the court of Judicial Magistrate, Haldwani.

(3.) Brief facts, of the case are that, Respondent No. 1 Smt. Rachna Chaudhary lodged a first information report (For short FIR) which was registered as crime No. 3644 of 2006, relating to offences punishable under Section 406, 420 IPC, against the Petitioner Rajnish alleging that she entered into contract with the Petitioner in the year 2004, for getting work done of data processing conversion for an amount of 1,81,50,000/-( Rupees one crore eighty one lakh and fifty thousand), and the complainant was to get 16,50,000/-( Rupees sixteen lakh and fifty thousand) as fee for the work. She has further alleged that she made necessary payments through cheques, and 1,00,000/-( Rupees one lakh) in cash and started doing the work. However, she did not receive her payments through the Petitioner. When she contacted him, the Petitioner kept on making promises, and no payment was made to the complainant. Alleging that cheating has been committed with the complainant, the FIR was lodged. It appears, after investigation, charge sheet Ex. A5 was filed against the Petitioner in the trial court on which said court took the cognizance, and summoned the accused. Learned Counsel for the Petitioner submitted that the dispute between the complainant and the Petitioner was civil in nature. It is further pleaded that offences alleged against the Petitioner are not made out.