Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16188 of 2019 Petitioner :- Saurabh Gupta Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Shravan Kumar Pandey,Shyam Narain Pandey Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Shyam Narain Pandey, learned counsel for the petitioner, Sri V.K. Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 07.12.2018 registered as case crime no. 270 of 2018, under section 409 I.P.C., police station Kidwai Nagar, District Kanpur Nagar.
Learned counsel for the petitioner has submitted that petitioner is the owner of R.A.S. Enterprises Firm and respondent no. 3 has supplied a machine for manufacturing paper cup worth Rs. 7,08,000/- to the petitioner. He further submitted that in this transaction an amount of Rs. 1,62,630/- is stated to be still outstanding upon the accused-petitioner. He has further submitted that this is a business transaction and there is no offence under section 409 IPC made out, even if the allegations of the FIR is taken to be correct. The petitioner has no criminal antecedents. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. provided that he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 11.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)