SURJEET SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Surjeet Singh, against State of U.P. and Harjeet Singh ( Raja Sethi), with a prayer for setting aside entire proceeding, including summoning order, dated 6.5.2019, passed by the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Bareily, in Complaint No. 499 of 2019 (Case No. 1259 of 2019), under Section 420 of Indian Penal Code (IPC), Harjeet Singh Sethi vs. Surjeet Singh, Police Station- Subhash Nagar, District Bareilly.

(2.) Learned counsel for applicants argued that accused-applicant is innocent. He has been summoned for offence, punishable, under Section 420 of IPC, whereas, no offence was made out against him. Complaint was filed with accusation that applicant showed himself as owner of a property for which an agreement to sale was entered into, for a consideration of Rs.85 lacs, and an advance money of Rs.2 lacs was paid on 20.1.2013, then after, process for sanction of loan from Bank was taken by the complainant and when documents of property was asked for Surjeet Singh Bagga has disclosed that the property in question is not in his name, rather, he is a commission agent. This was protested by the complainant, but Surjeet Singh Bagga assured about transaction and he supplied photostat copies of documents pertaining to the property in question by which processing for Bank loan was continued. Subsequently, it could not be completed because of some dispute, hence, advance of Rs.2 lacs were returned back to the complainant. Thus, there is no fraud or deceit with complainant, but summoning order is there, as such, this was misuse of process of law, hence, this application, with above prayer.

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