RAMESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State. Supplementary affidavit filed by learned counsel for the applicant, which is taken on record.

(2.) Applicant has invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash order dated 05.02.2020 passed by C.J.M., Court No.11, Jaunpur in Criminal Case No.223 of 2018 arising out of Case Crime No. 1082 of 2016, under Sections 406, 504, 506 IPC, Police Station-Line Bazar, District-Jaunpur.

(3.) As per FIR version, informant Smt. Vimla Devi is the owner of Truck bearing registration No.U.P. 54D 1461, Model no.2005 which was purchased by her on 23.12.16 through finance from Sri Ram Finance Company. Subsequently, she sold the said truck to accused no.2 Jiyalal for consideration amount Rs.6,85,000/- in which accused no.1 Ramesh Singh was a guarantor. At the time of purchase accused no.2 Jiyalal assured and furnished an affidavit that he will deposit the loan amount with Sri Ram Finance Company but by playing fraud he has again sold the truck, without furnishing loan amount, in the name of accused no.3 Rajkumar Yadav. Aforesaid case was registered as Case Crime No. 1082 of 2016 wherein, after due investigation, Investigating Officer has submitted charge sheet dated 03.06.2017 under Sections 406, 420 IPC. On the aforesaid charge sheet, the concerned Court has taken cognizance vide order dated 17.12.2018. 3. It is submitted by learned counsel that the present applicant has already been enlarged on bail. Learned counsel for the applicant submitted that no offence against applicant is disclosed and present prosecution has been instituted with a malafide intention for the purposes of harassment. He has referred certain documents and statements in support of his contention.