AJAI KUMAR TOMAR Vs. RAJ NARAIN

JUDGEMENT

(1.) By the present application under Section 482, Cr. P.C. the applicant has prayed for quashing the complaint bearing No. 1771 of 1982, Raj Narain and R. K. Nayyar v. Ajai Kumar Qumar, under S. 420/406, I.P.C. pending against him in the court of Metropolitan Magistrate, Raipurwa, Kanpur.

(2.) I have heard Sri Tapan Ghosh, learned counsel for the opposite parties as well as Sri A. K. Misra, Addl. Govt. Advocate, Though list has been revised twice but none has appeared on behalf of the applicant.

(3.) The grounds taken in the present application inter aha are that the complaint has been filed on false and frivolous grounds and that on the own allegations of the complainant no case under Section 420/406, I.P.C. is made out against the applicant and at the most it is a case of Civil liability, that the court cannot take into consideration or peruse already dismissed complaint case while summoning the accused on the basis of second complaint and that the trial court has no jurisdiction to try the complaint as no case of criminal liability is made out against the applicant.