R T ARASU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ORDER :- By means of this application moved under Section 482 of the Code of Criminal Procedure (in short to be referred to as Cr. P. C.) inherent powers of the Court are being invoked for quashing the criminal complaint filed by respondent No. 3 and by a supplementary affidavit a prayer has been made to quash the order dated 20-9-98 passed by the learned C. J. M. Ghaziabad summoning the applicants as accused in the aforesaid complaint for the offences punishable under Section 418/420 of the Indian Penal Code (in short Penal Code).

(2.) Copy of the criminal complaint filed by respondent No. 3 is Annexure-6 to the application. The allegations made therein may be stated in short as under :

(3.) On a consideration of the complaint, statement of S. K. Kochar and the documents placed on record from the side of the complainant, the learned Magistrate by the order dated 10-5-1996 came to the conclusion that there were sufficient grounds to proceed against the applicants under Sections 418 and 420 I. P. C. It appears that an application for recalling the order summoning the accused was filed along with an application dated 16-3-1998 on behalf of the present applicants. The Chief Judicial Magistrate, Ghaziabad vide his order dated 4-4-1998 rejected both the applications. The said order, however, has been not challenged in the present application moved under Section 482 Cr. P. C.