Court No. - 44
Case :- APPLICATION U/S 482 No. - 25208 of 2018 Applicant :- Kuldeep Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rahul Saxean, learned counsel for the applicant and the learned A.G.A. for the State.
The application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 7.7.2018, passed by the Additional Sessions Judge/Special Judge, S.C./S.T. Act, Pilibhit passed in Criminal Revision No. 65 of 2017, arising out of the summoning order dated 25.5.2017, passed by the Additional Chief Judicial Magistrate, Court No.2, Pilibhit in Complaint Case No. 332 of 2017 (Succha Singh Vs. Kuldeep and Others), Police Station Madhotanda, District Pilibhit.
Learned counsel for the applicant submits that the applicant is an employee of State Bank of India. The opposite party no.2 had taken agricultural loan, and subsequently, he committed default in reapayment of the same. Consequently, the bank issued notices, calling upon him to pay due amount as per the chart mentioned in the letter dated 7.9.2016. Immediately, thereafter, the opposite party No.2 has initiated the present criminal proceedings by filing a complaint dated 26.9.2016. Submission urged before the Court is that the present criminal proceedings are wholly malicious and amount to an abuse of the process of the Court.
Having heard the learned counsel for the applicants and considering the facts and circumstances of the case as brought on record, matter requires consideration.
Issue notice to the opposite party No.2, calling upon him to file counter affidavit.
List on the date fixed in the notice.
Until further orders of court, further proceedings of above mentioned complaint case, shall remain stayed.
Order Date :- 30.7.2018 Arshad