Court No. - 79
Case :- APPLICATION U/S 482 No. - 42633 of 2019 Applicant :- Roshan Lal Sharma Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Yadu Nath Singh,Abhishek Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the proceedings of Case no. 12857 of 2018 (State vs. Vivek Sharma and others), arising out of Case Crime no. 371 of 2017, under Sections 420 and 406 I.P.C., P.S. Civil Line, district-Aligarh. Further prayer has been made that proceedings of Case no. 12857 of 2018 (State vs. Vivek Sharma and others), arising out of Case Crime no. 371 of 2017 be stayed during pendency of the instant case.
The first information report was lodged by the opposite party no. 2, B.S. Gangwar, who is an Executive Engineer in the Electricity Department, alleging therein that when he was posted in Aligarh, one Vivek Sharma used to come to meet the employees of the electricity department. In the year 2008 Vivek Sharma had assured him to allot a flat in some residential scheme and after that his father, the present applicant also came with him and induced the opposite party no. 2 to give money for the allotment of flat in the residential scheme. It is also mentioned in the FIR that on the assurance given by the applicant and his son the opposite party no. 2 had given two cheques of Rs. 55,000/- each and they had not given any flat to the oppsoite party no. 2 and when the opposite party no. 2 demanded his money back then the accused persons have given two cheques of ICICI Bank, which were dishonoured. The opposite party no. 2 filed a case under N.I. Act against both the accused. It is also mentioned in the FIR that during trial under N.I. Act an application dated 28.1.2016 was also moved by co- accused Vivek Sharma in the court of A.C.J.M., court no. 9, Aligarh, in which it has been stated that neither these cheques are in his name nor he has signed on them. These cheques are in the name of Sri R.N. Sharma, properitor of Vitnex Metal India. It is also mentioned in the FIR that these people had fraudulently taken 1,10,000/- rupees from the opposite party no. 2.
The police investigated the matter and completion of investigation submitted chargesheet against the applicant and other co-accused Vivek Sharma and the trial court has taken cognizance against the accused persons.
Aggrieved from the submission of chargesheet and cognizance taken, the present application has been filed.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. In view of the above, the prosecution of the applicant in the present case is nothing but abuse of process of law.
On the other hand learned A.G.A. has submitted that the present accused has committed fraud with opposite party no. 2 and had taken money from him on the false promise of allotment of flat, he has been rightly chargesheeted.
After having heard learned counsel for the parties and perused the impugned order as well as the other material brought on record, this Court finds that no interference with the impugned order is required as no abuse of process has been committed by the learned trial court in taking cognizance of the chargesheet submitted by the police.
The application lacks merits and is accordingly dismissed.
Order Date :- 26.11.2019 Faridul