MOHD. ARSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants namely, Mohd. Arshad, Shamima Begam, Asif, by means of this application under Section 482 Cr. P. C. , have invoked the inherent jurisdiction of the Court with prayer to quash the order dated 29. 8. 2019, passed by ACJM, Court No. -3, Varanasi in Complaint Case No. 231 of 2019 (Suhail Khan vs. Arshad and others), Under Section 504 , 506 , 406 IPC and the entire criminal proceedings going on against the applicants as well.

(2.) Heard learned counsel for the applicants and learned A. G. A. for the State.

(3.) Learned counsel for the applicant argued that there had been notary agreement in between complainant and accused persons, wherein Rs. 10 lacs, was to be deposited in the account of firm name by complainant but it was never deposited, as was there in the statement of account. There was no criminal breach of trust punishable under Section 406 of IPC and rest of the accusation is also concocted and fabricated but trial court failed to appreciate the same, which was a misuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer.