TAPAS ADHIKARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicants Ta-pas Adhikari and Dr. Rajendra Singh with a prayer to quash the proceedings of crimi nal case No. 2149 of 2008 pending in the Court of learned Special Chief Judicial Magistrate, Meerut including the order dated 9.7.2008 by which the learned Magis trate concerned has rejected the final re port, taken the cognizance and summoned the applicants to face the trial for the cjf-fence punishable under sections 406, 420, 504 I.P.C.

(2.) THE facts, in brief, of this case are that the FIR of this case has been lodged by O.P. No. 2 in case crime No. 286 of 2007 under sections 406, 420, 504 I.P.C. at police station Lal kurti. District Meerut on 19.9.2007 alleging therein that M/s. Sanjivini Multispeciality Hospital, a partner ship firm, comprising five partners, namely, Sri Chitranjajan Mohan Verma, Shri Sachin Arora, Smt. Nirmal Arora, Shri Bakhtwar Singh and Smt. Rajbala re quested the applicants and the Allahabad Bank to grant a term loan of Rs. 70 lacs (seventy lacs) which was accordingly granted by the applicants on 17th April, 2004 to run the hospital, the Firm. The Firm and the partners executed necessary secu rity documents including a loan agreement on 17.4.2004. In the month of December 2006, O.P. No. 2 had met the applicants for payment of rest of the loan amount, but after consultation the applicants asked to become the partners of the Firm and to provide full co-operation, thereafter on 19.2.2007 the new partnership deed dated 5.2.2007 was prepared and a cheque of Rs. 50, 000, '- was given to the applicant No. 1, thereafter, the inauguration of the hospital was done on 23.2.2007 in which the appli cants have also attended the function but they demanded Rs. Five lacs for providing required co-operation, in respect of that demand, Rs. One lac was paid to applicant No. 2 and Rs. 50, 000/- to applicant No. 1 and rest of the amount of Rs. 3, 50, 000/-was to be paid. Thereafter, O.P. No. 2 started to run the hospital thereafter dis honesty came in the mind of the applicants, they called O.P. 2 and stated that the Chairman was not agreed with his pro posal, he wants to dispose of the property and for not doing so, provide Rs. 4 lacs to the Chairman, the O.P. No. 2 expressed his inability as he was misbehaved by appli cant No. 2 and he was pushed out from the office, thereafter, the applicants extended threats, it is alleged that the applicants misappropriated the amount of Rs. 1, 50, 000/- and they have cheated him.

(3.) HEARD Sri Sanjiv Singh, learned Counsel for the applicants and A.G.A. for the State of U.P.