ANAND SWAROOP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is a.n application under Section 482, CrPC.

(2.) FACTS necessary for the disposal of this application are these: On 8-11-1974 Satya Prasad Mehra, Opposite party no. 2, filed a complaint before the Chief Judicial Magistrate, Varanasi, against the applicant with the allegations that on 7-7-1974 the applicant demanded a loan of Rs. 4,500/- for the business of his son saying that in lieu thereof he would give a post dated cheque for the said amount, which would be honoured on the due date, that out of the profits he would give a large amount, that therefore, the complainant advanced Rs. 4,500/- to the applicant, that on the due date, i.e. 2-11-1974 the cheque was not honoured by the Punjab National Bank on the ground that there was no money in the account of the applicant and that on 7-11-1974 he met the applicant who denied even to have taken the loan. On 9-6-1976 statement of opposite party no. 2 was recorded by the Magistrate. The Magistrate even allowed the applicant to cross-examine him. The cross examination revealed that opposite party no. 2 filed a civil suit for the recovery of his loan and that he had not lodged any report with the police. The Magistrate then passed an order on 16-6- 1976 saying that there was a prima facie case under Section 420, I. P. C. against the applicant. The applicant preferred a revision before the learned Sessions Judge. The Sessions Judge rejected the revision summarily on 7-7-1976. Therefore, the present application was moved.

(3.) IN view of the above, it is a fit case for the exercise of inherent power under Section 482, CrPC. The application is allowed and the proceedings in Criminal Case No. 59 of 1975 Satya Prasad Mehra versus Anand Swaroop, under Section 420, IPC, pending before Munsif-Magistrate, Havali, Varanasi, are quashed. The order dated 16-6-1976, passed by the Munsif Magistrate, Varanasi, and the order dated 7-7-1976, passed by the Sessions Judge, Varanasi are also quashed.