SUDHIR KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Sri K. S. Verma learned coun­sel for the applicants and Sri Anil Dabral learned counsel for the re­spondent No. 4.

(2.) THE petitioner under Section 482 Cr.PC. was filed for quashing the chargesheet in case crime No. 449/ 1996 under Section 420, 406, 506, I.PC. pending before the Chief Judi­cial Magistrate, Dehradun.

(3.) THE learned counsel for the applicants contended that the dispute between the applicants and Smt. Ram Murti W/o Jagdish Chandra-re­spondent No. 4 was purely of a civil nature arising out of contractual re­lationship with regard to commercial transaction. Even looking to the sworn statements and the notice, no case is made out to proceed against the applicants on the criminal side. The learned counsel for the respond­ent No. 4 refuted the contention and contended that the respondent No. 4 had ably proved before the court be­low that there is sufficient evidence against the applicants and the appli­cants had intention to cheat him. As such, the applicants had executed the agreement.