ASHOK KUMAR RANA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision under Section 397/401 Cr.P.C. has been preferred by Ashok Kumar Rana & Pramod Kumar Singh accused against the State of U.P. and complainant Than Singh opposite party no. 2 challenging the summoning order dated 2.12.2005 passed by Xth Additional Chief Judicial Magistrate, Court No. 36, Agra in criminal complaint case no. 1016 of 2005 'Than Singh Vs. Ashok Kumar Rana & others' under Sections 420, 471, 120-B of I.P.C., P.S. Khandauli, District Agra whereby learned Magistrate has issued processes against the accused revisionists under Section 204 Cr.P.C. to face trial under Sections 420, 471, 120-B of I.P.C.

(2.) In nutshell the prosecution case is that the complainant Than Singh had gone to the accused revisionists Pramod Kumar Singh, Branch Manager and Ashok Kumar Singh, Field Officer, Gram Vikas Bank Limited, Khandauli to take a loan of Rs.28,000/- for purchasing buffalo. In the name of processing the loan he was asked to sign a number of papers which were misused by them. They hatched the criminal conspiracy and two loans of the same amount were purported to be sanctioned. One loan of Rs.28, 000/- was provided to the complainant but the other loan of Rs.28,000/- which was sanctioned on forged papers was never handed-over to the complainant nor he purchased buffalo in lieu thereof although according to accused revisionists in pursuance of the second loan one Murari Lal sold the buffalo to the complainant Than Singh for a consideration of Rs.28,000/- paid to him.

(3.) When the report of the complainant was not registered by the police he made an application under Section 156(3) Cr.P.C. before the learned court of Magistrate which was rejected. Thereafter, he filed a criminal complaint, as it appears. He examined himself under Section 200 Cr.P.C. and his witnesses including Murari Lal, alleged seller, P.W. 3 under Section 202 Cr.P.C. who deposed that neither he sold his buffalo to complainant Than Singh nor he was paid any consideration amount viz. Rs.28,000/- as alleged by accused. Apart from him Anwar Singh, P.W. 1, Harbir Singh, P.W. 2 were also examined under Section 202 Cr.P.C. Complainant has filed documentary evidence through a list viz. postal receipt, notice, acknowledgment, registry receipts, notice to branch manager, acknowledgment receipt, notice to Ahsok Kumar and Mahesh Kumar, Branch Manger receipt, copy of the application made to S.P. concerned etc.