VIMAL TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet submitted in case crime No. 1302 of 2008 registered in the Court of Chief Judicial Magistrate, Gautam Budh Nagar as criminal case No. 13878 of 2008, State v. Vimal Tiwari, under Sections 406, 420 IPC, P.S. Sector-20, Noida, Gautam Budh Nagar. Heard Sri Anoop Trivedi, learned counsel for the applicant, learned A.G.A. for the State and Sri Ayub Khan, learned counsel for the complainant - opposite party No. 2.

(2.) When the case was taken up as fresh on 6.3.2009, Hon'ble Ravindra Singh, J., while issuing notice to the opposite party No. 2, directed as under :

(3.) Sri Anoop Trivedi, learned counsel for the applicant submits that it is a case of civil nature and does not amount to cheating or criminal breach of trust. He further submits that no written agreement was executed between the parties and only a receipt was issued. The money was never entrusted to the applicant as deposit, but was paid by way of earnest money or part payment of sale consideration and, therefore, there is no question of any criminal breach of trust. The further submission is that it is nowhere alleged either in the F.I.R. or in the statement of the complainant or his mother that at the time of alleged agreement, the intention of applicant was mala fide and, therefore, the ingredients of offence of cheating punishable under Section 420 IPC are also not attracted.