NARESH CHAND JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of the present petition u/ S.482, Cr. P.C., 1973 (hereinafter, for brevity, referred to as Cr. P.C.), the petitioner has sought the relief for quashing of the complaint in case No.172 of 1980, Sheo Kumar v. Naresh Chand Jain u/S.500 of the Penal Code (hereinafter, for brevity, referred to as I.P.C.) pending in the court of Judicial Magistrate Kathras, District Aligarh.

(2.) The background leading to the filing of the complaint, in question, is the acquittal of Sri Sheo Kumar in case No.2034 of 1974 from the charge u/S.406, IPC by the Judicial Magistrate Meerut under its order dated 14-7-1980. It was on the basis of the FIR dated 15-5-77 lodged by the petitioner at Police Station Civil Lines Meerut against Sheo Kumar, the driver of the petitioner's Mini Bus No. UTG-837 plying on the City Railway Station to Medical College route on the basis of the permit, who took away the said Bus on the pretext of getting it repaired but did not bring back the same, the criminal case on the submission of the chargesheet by police against Sheo Kumar started.

(3.) The complainant, who is respondent in the present case has neither put in appearance nor has he filed any counter affidavit. His passive attitude reflects that he is not interested in the matter. I have heard learned counsel for the petitioner Sri L. P. Naithani, Senior Advocate and also the Addl. Public Prosecutor, who in fact is not interested in the matter.