Court No. - 24
Case :- APPLICATION U/S 482 No. - 811 of 2003 Applicant :- Sayeed Ahmad And Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- I.K. Chaturvedi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned AGA.
The order sheet indicates that on more than one occasion effort had been made to serve the opposite party No.2 but the same has not met success. Since the matter itself is of the year 2003, the Court proceeds to hear the same finally.
The allegation in the complaint is that the applicant No.1 took a loan of Rs.70,000/- from the opposite party No.2 for the purposes of purchasing a truck. The applicant Nos. 2 and 3 are stated to have stood in the position of guarantors for the repayment of the said loan. According to the complaint allegations, the loan was to be repaid alongwith interest @18% in 24 monthly instalments. The opposite party No.2, however, alleges that apart from a sum of Rs.60,000/- which was repaid, the applicants failed to abide by the terms and conditions of the loan and defaulted in its repayment. It is on this ground that the impugned proceedings have been initiated alleging commission of offences under Sections 420, 406 IPC.
As this Court reads the allegations made in the complaint, it is evident that there is no allegation that the applicants had no intent to repay the loan at the time when the same was obtained from the opposite party No.2. The essential ingredients of a malafide intent existing at the time of formation of the contract and which must necessarily exist for the purposes of attracting an offence of cheating is clearly absent. The reading of the complaint allegation clearly establishes that a dispute which is intrinsically of a civil character has been given the colour of criminal prosecution.
Accordingly and for the reasons noted above, the application is allowed. All proceedings of Criminal Case No. 1181 of 2002 (Hemant Kumar Vs. Sayeed Ahmad), P.S. Railway Road, District-Meerut initiated against the applicants and pending in the Court of 9th Additional Chief Judicial Magistrate, Meerut are quashed.
Order Date :- 27.7.2018 nethra