KISHAN CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 23.03.2009, as also the proceedings of criminal complaint case no. 338 of 2008 (75 of 2008), Awtar Singh vs Kishan Chandra, relating to police station, Vikas Nagar, District Dehradun, for the offences punishable under Sections 420, 506 of IPC, pending in the court of Judicial Magistrate, First Class, Vikas Nagar, Dehradun.

(2.) COMPLAINANT (respondent no. 2 herein) filed a criminal complaint case against the accused (applicant herein) in the court of Special Judicial Magistrate I, Dehradun. Statement of the complainant was recorded under Section 200 of Cr.P.C. Statements of Inderjeet Singh and Dharam Prakash were recorded under 2 Sections 202 of Cr.P.C. After having found a prima facie case against the accused, he was summoned to face the trial for the offences punishable under Sections 420, 506 of IPC, vide order dated 23.03.2009, passed by learned Judicial Magistrate, First Class, Vikas Nagar, Dehradun. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) ACCORDING to the complainant, accused was his old acquaintance and was registered owner of a truck. Complainant wanted to do some business. Accused advised him to run a transport business. Accused also advised the complainant to purchase the truck (of which the accused was owner). Accused offered to sell the truck to the complainant for a consideration of Rs. 4,96,000/ -. He also told that the truck was under loan of Tata Motors Ltd. and installments of Rs. 2,93,200/ - were to be paid. Believing such statement of the accused, the complainant accepted the offer of the accused and purchased the truck for Rs. 4,96,000/ - from him. A sum of Rs. 2,02,800/ - was paid to the accused on 08.06.2006. It was also agreed that the balance of Rs. 2,93,200/ - was to be paid to Tata Motors Ltd in the monthly installments of Rs. 15,050/ -. The sale deed was executed on 08.06.2006.