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Application No. 14017 of 2017. Case: Anil Gupta Vs State of U.P. and Another. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
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Case NumberApplication No. 14017 of 2017
CounselFor Appellant: Pratibha Singh and Ashok Kumar Singh, Advs.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Section 420
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Surya Prakash Kesarwani, J.

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No. 3243 of 2016 (Pradeep Maheshwari Vs. Anil Gupta), under Sections 420 IPC, P.S. Quarsi, District Aligarh, pending in the court of Addl. Chief Judicial Magistrate, Court No. 2, Aligarh as well as the summoning order dated 17.12.2016. Further prayer has been made to stay the further proceedings of aforesaid criminal complaint case.

Heard learned counsel for the applicant, learned AGA appearing for the State and learned counsel for opposite party no. 2.

The only allegation in the complaint as affirmed by the statement under Section 200 Cr.P.C. and statement of witnesses under Section 202 Cr.P.C. is that the opposite party no. 2 supplied to the applicant goods worth 50,78,142/- who made payment of Rs. 38,22,492/- till 30.04.2016 and the balance amount of Rs. 12,55,650/- is not being paid by the applicant to the opposite party no. 2. On this allegation of the opposite party no. 2, the applicant has been summoned under Section 420 IPC vide summoning order dated 17.12.2016.

Submission of learned counsel for the applicant is that a case of civil nature has been...

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