JASWINDER SINGH KALSI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C528 application, applicant has sought the indulgence of this Court for quashing the cognizance/summoning order dtd. 20/1/2024, passed by learned First Additional Judicial Magistrate, Roorkee, District Haridwr in Criminal Case No.21 of 2024, State of Uttarakhand and another vs. Jaswinder Singh (New Case No.685 of 2024) under Ss. 406 and 420 IPC and Sec. 66D of the information Technology Act as well as the entire proceedings of aforesaid criminal case.

(2.) It is contended by learned counsel for the applicant that an agreement was entered into between the parties for supplying moulding machines to the informant and for that purpose, a sum of Rs.15,50,000.00was given by the informant to the applicant as advance, but the machines were not supplied. He further contends that informant has pressurised the applicant to supply the machines, therefore, a sum of Rs.12,00,000.00 was returned by the applicant to the informant in cash.

(3.) From perusal of the FIR, prima facie, the commission of cognizable offence is made out against the applicant. This Court while sitting in the inherent jurisdiction under Sec. 528 of BNSS Act, 2023 is not enjoined to sift the evidence between the parties and the same can be done only by the trial court. Accordingly, no case is made out to interfere in the present C528 application and the same is dismissed in-limine.