AKASH GANGA MOTOR HIRE PURCHASE Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-132
HIGH COURT OF UTTARAKHAND
Decided on December 26,2013

Akash Ganga Motor Hire Purchase Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the summoning order dated 25.02.2006 as well as the entire proceedings of Criminal Complaint Case No. 624 of 2005, captioned as Mohd. Yusuf vs. Akash Ganga Hire Purchase, under Section 420 IPC, pending in the Court of learned Chief Judicial Magistrate, Dehradun.
(2.) Complainant (respondent no. 2 herein) filed a criminal complaint case against accused (applicant herein) in the Court of learned Chief Judicial Magistrate, Dehradun. After recording the statement under Section 200 and on the basis of documents thus filed, accused (applicant herein) was summoned to face the trial for the offence punishable under Section 420 IPC, vide order dated 25.02.2006 passed by learned Chief Judicial Magistrate, Dehradun. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) The contention of learned counsel for the applicant is that the dispute between the parties is purely civil in nature, and therefore, criminal proceedings initiated against him should be quashed, in as much as, the same is nothing, but abuse of the process of the Court. Let us see whether foundation of any criminal offence is made out against the applicant on the basis the criminal complaint case or not;


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