DEVESH SHARMA Vs. SHOBA NANAD CHELA SHAWAMI ALKNANDA
LAWS(UTN)-2013-5-180
HIGH COURT OF UTTARAKHAND
Decided on May 27,2013

Devesh Sharma Appellant
VERSUS
Shoba Nanad Chela Shawami Alknanda Respondents

JUDGEMENT

- (1.) The applicant, by means of this application under Section 482 Cr.P.C., seeks to quash the entire proceedings of criminal case no. 779 of 2007, captioned as Sobha Nath vs. Devesh Sharma, under Sections 406 and 420 IPC, Police Station Kankhal, District Haridwar, pending in the Court of 1st Additional Chief Judicial Magistrate, Haridwar.
(2.) A criminal complaint case was filed by respondent against the applicant in respect of offences punishable under Sections 406 and 420 IPC. The allegation against the applicant, in a nutshell, was that on 03.06.2006, respondent entrusted Rs. 20,000/- to the applicant, who, in lieu of that assured respondent that he will return the said amount to the applicant in the month of December, 2006 by increasing the same to Rs. 50,000/- The applicant was said to have executed a receipt in this behalf. After December, 20006, respondent repeatedly asked the applicant to return Rs. 50,000/- but he did not return the same.
(3.) After the statement of the complainant under section 200 Cr.P.C. and statement of witness Shivananad under Section 202 Cr.P.C., the accused-applicant was summoned to face the trial in respect of offences punishable under Sections 406 and 420 IPC. Aggrieved against the said order, present petition under Section 482 Cr.P.C. was preferred.;


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