Court No. - 68
Case :- APPLICATION U/S 482 No. - 28355 of 2019 Applicant :- Gaurav Agarwal Opposite Party :- State Of Up And Another Counsel for Applicant :- Seema Singh,Ramesh Chandra Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Ramesh Chandra Chaturvedi, learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed for quashing the entire criminal proceeding as well as the summoning order dated 05.09.2018 passed by A.C.M.M.-3 Kannpur Nagar in Complaint Case No.
46 of 2016 (Oswal Marketing Company vs. M/s Quick Adhesive and Chemicals), under Section 406 IPC, P.S. Shisha Mau, District Kanpur Nagar pending in the Court of A.C.M.M.- 3, Kanpur Nagar.
It has been argued by the learned counsel for the applicant that no cognizable offence is disclosed against the applicant and that impugned summoning order has been passed without applying judicial mind. It was submitted that even as per the allegations of the application, it is a matter of simple business transaction and there are no ingredients so as to show the commission of any cognizable offence.
In view of the submissions of learned counsel for the applicant and the nature of allegations, the matter requires consideration.
Issue notice to opposite party no.2, returnable at an early date. Steps be taken within one week.
List in the month of September 2019, till then no coercive action shall be taken against the applicant.
Order Date :- 25.7.2019 A. Tripathi