PRASHANT PANDA Vs. VEDPAL SINGH

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., 1973 the applicant seeks to quash the summoning order dated 28.03.2016 as well as the entire proceedings of Complaint Case No. 125 of 2016, Vedpal v. Prashant Panda, under Sections 420 and 406 of IPC, pending in the Court of Additional Judicial Magistrate, Laksar, District Haridwar.

(2.) The sole respondent field a criminal complaint case against the accused-applicant for the offences punishable under Sections 420 and 406 IPC. The trial court recorded the statement of the complainant under Section 200 Cr.P.C., 1973 The statements of Pradeep and Mukesh were recorded under Section 202 Cr.P.C., 1973 The documents were filed by the complainant. After considering the material on record, the learned Additional Chief Judicial Magistrate, Laksar summoned the accused-applicant to face the trial for the offences under Sections 420 and 406 of IPC. Against the summoning order, applicant filed a Revision, which too was dismissed. Hence the present petition under Section 482 Cr.P.C., 1973

(3.) According to the complainant, accused took a sum of Rs. 20,80,000/- from the complainant by Cheque No. 00793879 on 23.10.2017. The money involved in the cheque has been paid to the accused. The accused-applicant furnished a receipt in his own handwriting in this behalf. There was an agreement that the criminal case pending against the applicant shall be settled after obtaining a sum of Rs. 20,80,000/-. Neither the accused returned the aforesaid amount, nor settled the criminal case pending against the applicant in the court of law.