RAHIS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the judgment and order dtd. 22/3/2024, passed in Criminal Revision No.34 of 2023, Ragib Vs. State of Uttarakhand and Others, ('the revision') by the court of II Additional Sessions Judge, Roorkee, District Haridwar. By it, an order dtd. 22/3/2023, passed in Misc. Case No.46 of 2023, Ragib Vs. Rais and Others, by the court of I Additional Civil Judge/Judicial Magistrate Roorkee, District Haridwar ('the case"), has been set aside. In fact, by the order dtd. 22/3/2023, passed in the case, an application under Sec. 156(3) of the Code of Criminal Procedure, 1973 ('the Code') filed by the respondent no.2 has been rejected, but, by its order dtd. 22/3/2024, passed in the revision, order dtd. 22/3/2023 has been set aside and the matter has been remanded for hearing afresh

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

(3.) The case is based on an application filed under Sec. 156(3) of the Code by the respondent no.2. According to it, the respondent no.2 had business relationship with the revisionists and they were all contractors. The respondent no.2 would advance money to the revisionists under the assurance that they would return it. The respondent no.2 advanced total Rs.70,95,030.00 to the revisionists either by depositing it in their accounts or by giving it in cash. The application writes that the revisionists did return on Rs.12,96,867.00 and the remaining amount they did not return, and whenever asked, they started threatening the respondent no.2.