VED PRAKASH SANGHI Vs. STATE OF U P

JUDGEMENT

(1.) By means of this application under Section 482, Cr. P.C. the applicant, Ved Prakash Sanghi seeks for quashing the order dated 13-5-1997, passed by XII AddI. Sessions Judge, Kanpur Nagar, in Criminal Revision No. 210 of 1997, allowing the revision and setting aside the summoning order made by the Magistrate under Section 190(l)(b) Criminal Procedure Code (hereinafter called Code for convenience).

(2.) The complainant lodged a report at the Police Station, Gwal Toli, Kanpur Nagar against the opposite party No. 2, Anand Maheshwari and two others, namely, Anil Maheshwari and Santosh Kumar under Sections 406/ 420, IPC with the allegations that he showed his inclination to his acquaintance Santosh Kumar Gupta to sell 500 SBI Magnum shares and purchase 100 shares of each of Tata Iron & Steel, Reliance Capital and Jai Prakash Industries. The accused, Santosh Kumar Gupta introduced broker, Anand Maheshwari and Anil Maheshwari. On the pretext that the SBI Magnum shares could not be disposed of and they had purchased the shares from the above three companies, the complainant has to pay them Rs. 90,000/-. It is further alleged that the complainant paid the said amount in three instalments but the accused persons did not hand over the shares and thereby committed breach of trust and also mis-appropriated 500 - SBI Magnum shares of the complainant.

(3.) The local police, after completing investigation, submitted final report before the Magistrate. On being summoned by the Magistrate the complainant filed protest petition and prayed for action against the accused persons. The Magistrate perused the assertions made in the protest petition case diary and the documents appended to the case diary. He was of the view that the allegations made by the complainant in the report prima fade make out a case for summoning the accused persons for trial under Sections 406/420, IPC.