MOHINDER SINGH KHICHI Vs. G C GUPTA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint bearing case No. 421/11.9.2002/8.6.2007 (Annexure P-4) including the summoning order dated 5.12.2007 (Annexure P-5) whereby petitioner was ordered to be summoned under Section 218, 465, 468, 471 of the Indian Penal Code ('IPC' for short).

(2.) Learned counsel for the petitioner has submitted that no criminal offence could be said to have been committed by the petitioner. In the civil suit, statement made by the petitioner was believed by the Civil Court and the said suit was decided accordingly. The statement of the petitioner had not been disbelieved by the Civil Court. Appeal filed by the respondent against the judgment and decree passed by the Trial Judge was dismissed by the Appellate Court vide judgment dated 22.7.2002 (Copy of the judgment has been placed on record during the course of arguments).

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition.