OM PRAKASH BHARGAVA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioner has sought quashing of the proceedings of Criminal Case No. 1786 of 2003 Firtu Yadav vs. Ashok Kumar Kalra and another, relating to offences punishable under section 406, 420, 504, 506 I.P.C., police station Rudrapur, pending in the court of Special Judicial Magistrate, Udham Singh Nagar.

(2.) Heard learned counsel for the petitioner and learned counsel for the State. None present for the respondent no.2 even after there being sufficient service.

(3.) Brief facts of the case are that the complainant Firtu Yadav purchased Eicher Canter (mini truck) on 27.02.2001 in partnership with Ashok Kumar Kalra from M/s Bhargava Motors, Industrial Estate, Bareilly Road, Haldwani, under a hire purchase scheme. Registration number of said vehicle was UA-06- 1761. The complainant's case is that accused Ashok Kumar Kalra does not give account of the earnings, and plies the vehicle as his own. As such the complainant has been deprived of his investment of Rs. 58,000/- in purchasing the vehicle with Ashok Kumar Kalra. On 27.09.2001 a First Information Report was got lodged by the complainant/respondent no.2 Firtu Yadav on which after investigation no offence was said to have been made out against the present petitioner as the present petitioner was simply an authorized dealer on behalf of Eicher Motors. It is pleaded on behalf of petitioner Om Prakash Bhargava that the impugned criminal proceedings initiated against him are liable to be quashed.