MANOJ SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application the applicants has challenged the impugned charge-sheet No.25 dated 31.01.2012, as well as the entire criminal proceedings of Case No. 1244 of 2012, arising out of Case Crime No. 926 of 2011(State Vs. Inder Sharma and others), under Sec. 406 IPC, Police Station Kotwali, District Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No.7, Ghaziabad.

(2.) The brief facts of the case are that a first information report was lodged by the opposite party no.2 (here-in-after referred as the informant), on the allegation that the applicants on 20.11.2007 along with the co-accused Inder Sharma, who is the Managing Director of the M/s Newtech India Ltd. have proposed the informant to work with them through E-mail and at their request the informant has allegedly worked for Rs. 14,89,516/- and also gave bill of the aforesaid amount to the applicants' Company, which was not paid. The informant moved an application under Sec. 156(3) Crimial P.C. before the Magistrate, with a prayer to direct the officer of the concerned police station to register the first information report against the applicants and co-accused persons, and the learned Magistrate ordered for the same. In pursuance of which the first information report was registered on 12.12.2011 against the applicants, as Case Crime No. 926 of 2011, under Sections 406, 420, 467, 468, 471, 506, 120-B IPC, Police Station Kotwali, District Ghaziabad. The investigation of the case was carried out and the statement of witnesses were recorded under Sec. 161 Crimial P.C. and thereafter the charge-sheet was submitted against the applicants on 31.01.2012 for the offence under Sec. 406 IPC. On 13.04.2012 the learned Additional Chief Judicial Magistrate, Court No.7, Ghaziabad has taken cognizance of the aforesaid offence and issued summons against the applicants for facing trial under Sec. 406 IPC. The applicants did not appear before the court concerned, in pursuance of the aforesaid summoning order, hence non-bailable-warrant has been issued against the them on 22.10.2012, hence the present application has been filed by the applicants for quashing the of the impugned charge-sheet and all consequential proceedings of the aforesaid case.

(3.) Heard Sri A.M. Tripathi, learned counsel for the applicants Sri Dinesh K. Singh, learned counsel for the opposite party no.2 and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.