PAWAN KUMAR TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition has been filed under Section 482 Criminal Procedure Code for quashing order dated 20.11.2017 passed in Complaint Case No.2664/2014 by Addl. Chief Judicial Magistrate, Court No.31, Lucknow and order dated 16.10.2018 passed by Addl. District and Sessions Judge, Court No.9, Lucknow in Criminal revision No.966 of 2017

(2.) In the petition it has been pleaded that respondent No.2 Jagdish Saran had borrowed a sum of Rs.2 lacs from the petitioner on 20.11.2010, however, respondent did not repay the borrowed money. On a request being made by the petitioner to repay the money, respondent No.2 abused him and threatened to kill. The petitioner, in this context, submitted an application to the police of police station Talkatora, Lucknow and higher police authorities. However, finding that no action was being taken by the police, the petitioner filed a Complaint Case No.2664 of 2014 which has been rejected by the Court below vide order dated 20.11.2017.

(3.) Learned counsel for the petitioner has submitted that the learned Magistrate has ignored the averment contained in para 7 of his complaint dated 12.8.2014 filed before the Court below, whereby he had demonstrated that on a phone call, the respondent No.2 used abusive language, with threat to kill him, and rejected the complaint on the ground of the dispute being of civil nature. The respondent No.2 has committed a criminal breach of trust by not repaying the loan taken by him. In this context, learned counsel relied on a judgment of Hon'ble Supreme Court of India reported in (2003)7 SCC 399 Kailash Kumar Sanwatia v. State of Bihar and another Learned counsel has submitted that the learned Magistrate as well as the revision Court have committed a manifest error in treating the issue involved in the matter of civil nature.