Court No. - 27
Case :- APPLICATION U/S 482 No. - 42263 of 2012 Applicant :- Sunil Kumar Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- Govt. Advocate
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the applicants and perused the record.
This application has been filed under Section 482 Cr.P.C. for quashing the Complaint Case No. 582 of 2007 "Jang Bahadur Singh Vs. Sunil Kumar Singh and others" pending before the A.C.M.M. IInd Kanpur Nagar, under Section 420, 504, 506 I.P.C..
This application is thoroughly misconceived, whether the revision is maintainable or not, will now pale into insignificant. I am deciding this matter on merits.
It is submitted that the facts are fully covered by judgment in the case of Inder Mohan Goswami and Another Vs State of Uttaranchal and others (2008) 1 SCC (Cri) 259. However, in this case as factually submitted by the original complainant whose heart is burning as he was promised certain amounts to be repaid but he was never paid by the applicant herein and the poor person because of the assurances of the applicant and his partners who has got guarantee guarantors to the petitioner and his partners, lost his delving house, will this not fall within the contours of Section 420 I.P.C.
The summoning order also is reasoned order and does not called for any interference by this Court.
The judgment in the case of Inder Mohan Goswami and Another Vs State of Uttaranchal and others (2008) 1 SCC (Cri) 259, was very attractive as it was pointed out that there was a civil dispute but there is a criminal element in the approach by the petitioner herein not paying back dues by the petitioner/complainant and because of that criminal elements. He has lost his delving house. This is itself sufficient to trial Court to issue summoning orders and therefore the summoning order cannot be quashed neither the proceedings can be quashed.
With these observations the applications is dismissed.
However, if the accused appear before the trial Court and apply for bail, the trial Court shall consider their bail application expeditiously. They shall surrender on or before 4th January, 2019.
Order Date :- 19.12.2018 Krishna