MUNNA Vs. NAWAB KHAN

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr. P. C. for quashing the proceedings in Criminal Case No. 2683 of 1990 under Sections 406/420, I. P. C. pending in the Court of 1st Additional Chief Judicial Magistrate, Sitapur.

(2.) NAWAB Khan opposite party No. 1 has filed a complaint under Sections 406/420,1. P. C. against Munna petitioner. Copy of the complaint is Annexure 3 to this petition. It is alleged that on 17-9-1990 the petitioner came to the house of opposite party No. 1 and said that he was in need of money for running his hotel business. The petitioner on the basis of the said representation, took a loan of Rs. 5,000/- from opposite party No. 1. However, the petitioner failed to repay the loan, and it is further alleged, misappropriat ed the sum of Rs. 5. 000/- advanced to him. The statement of opposite party No. 1 was recorded under Section 200, and the statements of Lalta Singh and Tain were recorded under Section 202, Cr. P. C. The petitioner was thereafter summoned by the learned Magistrate under Sections 406/420, l. P. C.