KESHAV UGAN JHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravindra Kumar Yadav, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned A.G.A. appearing on behalf of the State and Ms. Suniti Sachan, the learned counsel for the opposite party no.2/informant.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicant seeking quashing of the impugned charge sheet no.1/2023 dtd. 16/5/2023, summoning order dtd. 25/5/2023 including the entire proceedings of Case No.59497 of 2023: State Vs. Keshav Ugan Jha, arising out of Case Crime No.0047 of 2023, under Ss. 409, 420, 504, 506 I.P.C. Police Station Vibhuti Khand, District Lucknow pending in the Court of District and Sessions Judge, Lucknow.

(3.) The opposite party no.2 had lodged an F.I.R. on 24/1/2023 against the applicant and one Desh Dipak Azad, alleging that the informant's company Fuzenite Infratel Pvt. Ltd. had received an order to supply TMT bars (iron bars) to a construction company and he had in turn placed order upon Keshav Enterprises, a company based at Pune and owned by the applicant, through the co-accused Desh Dipak Azad. The informant had paid fifty percent of the sale consideration amounting to Rs.40,00,000.00 on 28/12/2022 and the material was to be delivered within four days, but when the material was not delivered and the informant repetitively contacted the supplier, he insisted for payment of balance amount also, whereupon the informant paid Rs.18,00,000.00 more through RTGS on 7/1/2023. The F.I.R. alleges that when the informant repetitively asked for refund of the amount merely Rs.20,00,000.00 were repaid and the balance amount of Rs.38,00,000.00 has not been repaid and therefore it appears that the accused persons had cheated the informant.