KULJEET SINGH ALIAS MINTOO Vs. KAILASH CHAND AGRAWAL

JUDGEMENT

(1.) - Application has been filed under Section 482, Cr. P. C. for quashing the proceedings in Criminal Complaint case No. 157 of 2005, Kailash Chand agrawul v. Kuljeet Singh @ Mintoo and others under Sections 504, 506, 420 and 403, i. P. C. , P. S. Rath, District Hamirpur, pending in the Court of Civil Judge (Junior Division)/magistrate 1st Class, Rath District hamirpur.

(2.) HEARD Sri M. D. Singh Shekhar, learned counsel for the applicants, Sri Aditya kumar Yadav, learned counsel for the opposite party No. 2, learned a. G. A. and perused the material on record.

(3.) BRIEF facts of the case are that opposite party No. 1. filed the complaint against the applicants alleging that on 13. 6. 2003 accused persons came to him and demanded rs. 2,50,000 as loan on interest and also assured to return the same within a year with interest. The complainant was not possessed of that money but the accused persons insisted and prayed him and he having mercy on the accused gave Rs. 1,70,000 from his account and Rs. 38,600 after taking loan from one Ram Naresh Gupta. When one year was completed and the accused did not return the money he demanded but they abused him and stated that they would not return the money and he may do whatever he liked. According to the complainant accused committed breach of trust and also cheated him of his money. In this matter the learned Magistrate examined the complainant and his witnesses under Sections 200 and 202, Cr. P. C. and after finding a prima facie case against the accused persons summoned them by order dated 24. 5. 2005. Feeling aggrieved accused have filed this application.