SUNIL KANDU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri S.K. Gupta, appear in person as well as learned A.G.A. for the State.

(2.) The present application (u/s 482 Cr.P.C.) has been filed by the applicant for challenging the Complaint Case No.3966 of 2013 (Girish Bhalla Mihsra Vs. Sunil Kumar Gupta) under Section 500 I.P.C. and also prayed for setting aside the summoning and warrants order dated 19.05.2017, 09.11.2019 and 20.11.2019.

(3.) Learned counsel for the applicant submitted that the opposite party filed a malicious complaint and thereafter, recording the statement under Sections 200 and 202 Cr.P.C. the summoning order was passed without considering and evaluating the facts placed before the Special Chief Judicial Magistrate, Lucknow. He further submitted that the applicant is a contractor and he conducted certain work in U.P. Samaj Kalyan Nirman Nigam and opposite party No.2 was the then Chief Engineer but the amount was not being paid to the applicant, as a result, he filed writ petition bearing Writ Petition No.10667 (M/B) of 2008 which was disposed of on 11.01.2011 with direction to the Authorities to pay the entire admitted amount to the applicant within a period of one month and for the rest of disputed amount is concerned, it was opened to the applicant to approach before the appropriate authority.