RAM AGRAHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This application u/s 482 Cr.P.C . has been filed to quash the entire proceeding of the case arising out of summoning order dated 13.11.2017, under Sections 406 , 504 , 506 I.P.C. passed in Misc. Application No.1336 of 2015 (Beena Bahal Vs. Ram Agrahari), Police Station Kaka Dev, District Kanpur Nagar, pending in the court of Additional Chief Mahanagar Magistrate, Court No.8, Kanpur Nagar.

(3.) Brief facts of the case are that the opposite party no.2 filed complaint case in the court below with the allegation that applicant is proprietor of A-one Enterprises who has promised opposite party no.2 to make partner in the above firm and has taken different cheques of around Rs.7,50,000/- from her in which applicant returned back Rs.1,50,000/- and Rs.6,00,000/- is still remaining on the applicant. The applicant neither made him partner in the firm nor returned back the remaining amount which was taken by him. When the applicant did not return back the money, the opposite party no.2 approached him at Regency Hospital where applicant abused and threatened her to kill and refused to return the money. Therefore, opposite party no.2 approached police station but when no action was taken, the opposite party no.2 gave application under Sections 406, 504, 506 I.PC. in the court below for taking action against the applicant.