RAVINDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is the criminal misc. application under Section 482 Cr. P.C. flied by the petitioner for quashing the proceedings in Criminal Case No. 258 of 2004 Sarvesh Kumar Vs. Raveendra Singh & others under Sections 406, 420 of I.P.C. pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(2.) THE facts of the case are that the opposite party No.4 - Sarvesh Kumar filed a complaint alleging therein that a truck bearing No. UP 21 -2056 Model No. 1985 was purchased by the complainant - Sarvesh Kumar with an agreement of partnership with Ravendra Singh (petitioner) from one Vinod Chabra. On 15 -10 -2001, petitioner borrowed Rs. 35,000/ - (Rupees Thirty five thousand only) for purchasing the said truck in partnership of opposite party No. 4 Sarvesh Kumar with the condition that the petitioner shall return the said amount of Rs. 35,000/ - till 15 -12 -2001 to opposite party No.4 - Sarvesh Kumar. It is contended that the promissory note was also executed in favour of Sarvesh Kumar by the petitioner.

(3.) THE opposite party No. 4 thereafter filed a complaint before the court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar and got his statement under Section 200 Cr.P.C. The statement of the witnesses were also recorded under Section 202 Cr.P.C. Thereafter, learned C.J.M. vide order dated 0501 -2004 summoned the accused i.e. petitioner, under Section 406 and 420 I.P.C.