ALI MOHAMMAD HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Misc. Application under Section 482, Cr.P.C. has been filed with the prayer to allow this petition and to quash the proceeding in complaint case No. 3890 of 2000, under Sections 420, 120B, IPC, P.S. Brahmpuri, District-Meerut.

(2.) Heard learned counsel for the applicant and learned A.G.A. and perused the record.

(3.) Learned counsel for the applicant submitted that the list of witnesses was given but the witnesses were required to be examined under Section 202, Cr.P.C. It was mandatory under Section 202(b), Cr.P.C. He also contended that, it is a business transaction and no offence is made out under Section 420 and 120B, IPC. There was no evidence regarding forgery and conspiracy hence the summoning order as well as the entire proceeding is liable to be quashed. He has relied upon the judgment of the Single Bench of this Court in case of R.K. Kothari and others v. Messrs Joshi Pharma and another, 1989 AWC 604. In the aforesaid case, it was held thai if the allegation simply disclose a civil liability and do not constitute any offence and there it would be no criminal liability. It would not be criminal breach of trust unless there is some mensrea of criminal intention.