Heard learned counsel for the applicant and learned A.G.A. for opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Counter affidavit may be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks, thereafter.
List after expiry of the aforesaid period.
As per complaint case the applicant had taken a loan of Rs. 2,00,000/- from the opposite party no.2, and failed to repay the same within the stipulated time, as agreed.
The contention of the applicant is that the alleged dispute is of civil nature and no offence of either section 406 or 419 IPC is prima facie made out from the allegation of the complaint.
In view of the aforesaid, further proceedings in Complaint Case No. 1646/2009 (Vishwa Nath Bansal vs. C.P. Srivastava), pending in the Court of Chief Judicial Magistrate, Sitapur, shall remain stayed and the execution of non-bailable warrant, if issued against the applicnat, shall be kept in abeyance.
Order Date :- 28.6.2010 Muk