Court No. - 86
Case :- APPLICATION U/S 482 No. - 46670 of 2019 Applicant :- Pradeep Kumar Seth @ Chinmay Seth Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet as well as cognizance report dated 14.02.2019 and entire further proceedings pending before the court of Special Chief Judicial Magistrate, Varanasi vide Case No.240 of 2019 (State Vs.Sanjay Kumar Singh, Case Crime No.201 of 2018, under Sections 419, 420, 406,504, 506 I.P.C., P.S. Rohania, District Varanasi.
Learned counsel for the applicant submits that the applicant is the mediator of the deal, which was in between opposite party no.2 and co-accused Sanjay Kumar Singh. He had only shown the flat to the informant, opposite party no.2. Opposite party no.2 and co-accused Sanjay Singh also executed an agreement on 22.04.2016. Opposite party no.2 could not pay the consideration amount of the agreed flat due to which sale deed could not be executed. Sanjay Kumar Singh handed over two cheques to the opposite party no.2, which were dishonoured regarding which complaint case no.4128 of 2017 (Durgesh Vs. Sanjay), under Section 138 N.I. Act was filed, in which Sanjay Kumar Singh was summoned by the court concerned. The applicant has not committed any offence only because he has shown the flat to the opposite party no.2, he has been implicated in the case.
Learned A.G.A. has accepted notice on behalf of opposite party no.1.
In view of the submission, the matter requires consideration.
Issue notice to the opposite party no.2 under RPAD returnable within a month.
List thereafter before the appropriate Bench.
In the meantime, the opposite parties may file their response.
The matter shall not be treated as part heard or tied up to this Bench.
Till then no coercive action will be taken against the applicant.
Order Date :- 18.12.2019 MAA/-