SHANKAR PRASAD AGRAHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant over this Application, moved under Section 482 of Code of Criminal Procedure, 1973, by the applicant, Shankar Prasad Agrahari, against State of U.P. and Vijai Bahadur Saini, challenging summoning order, dated 29th August, 2019, passed by the Additional Chief Judicial Magistrate, Varanasi, in Complaint Case No. 2278 of 2018, under Section 420 of Indian Penal Code of Police Station-Sarnath, District-Varanasi, pending in the court of Additional Chief Judicial Magistrate, Varanasi.

(2.) Learned counsel for the applicant argued that the impugned summoning order has been passed without any evidence on record. Very contention of the complainant was not substantiated by the witnesses as there were many contradictions in the statements. More so, alleged payment being said to have been made in 6th and 7th instalments when there was period of Notebandi and it was not possible to withdraw such huge amount. This itself shows falsity of the complainant. Witnesses of the complainant are his relatives and their statements are full of inconsistency. Complainant himself was a Principal Peon of the Bank, concerned, and as such he was fully aware of the functioning of the Bank, even then, this accusation is there. Hence, this Application, under Section 482 of Cr.P.C., before this Court for exercise of inherent power, with a prayer for setting aside impugned summoning order.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.