Decided on November 20,2013

Devandra Singh Jaggi And Others Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 29.09.2010 passed by the Judicial Magistrate, Rudraprayag in Criminal Case No.487 of 2010 titled as State vs. Devandra Singh Jaggi and others under Sections 420, 406, 504, 506, 120-B IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by respondent no.2 (Sunil Verma) against 3 accused persons (applicants herein) on 01.05.2010 at Police Station Rudraprayag, District Rudraprayag for the offences punishable under Sections 406, 420, 506 & 120-B IPC. After the investigation, a charge-sheet was submitted against the accused-applicants for the offences punishable under Sections 420, 406, 504 & 506 & 120-B IPC. The cognizance was taken by the Judicial Magistrate, Rudraprayag, vide order dated 29.09.2010 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.
(3.) Complainant (respondent no.2 herein) was a goldsmith and running his business in the name and style of Verma Jewellers . He was also a registered moneylender. It was alleged that Devandra Singh Jaggi, Ravinder Singh Jaggi and Shailendra Singh Rawat came to his shop on 17.03.2007 at 11:30 AM. They requested him for lending money (to them). They were accompanied by one Mohan Singh Bhandari, who ran a hotel in the main market, Rudraprayag. Mohan Singh Bhandari introduced them to the informant and recommended their case for grant of loan and also assured the informant that the money would be returned in time. Rs.1,20,000/- , Rs.1,10,000/- and Rs.30,000/- was given by the informant to Devandra Singh Jaggi, Ravindra Singh Jaggi and Shailendra Singh Rawat respectively in presence of Mohan Singh Bhandari and Anil Kumar. On 17.05.2007, Devandra Singh Jaggi gave a cheque of Rs.1,20,000/- to the informant. When the informant presented the said cheque in the bank, the same was returned with the endorsement of insufficiency of funds . When informant contacted Devandra Singh Jaggi, he told the informant to withdraw the money in the first week of July. When informant presented the cheque in the bank again on 09.07.2007, the same was again dishonoured. Another cheque of Rs.1,10,000/- was given by Devandra Singh Jaggi on behalf of his brother Ravindra Singh Jaggi. When the cheque of Rs.1,10,000/- was presented in the bank, that too was dishonoured citing insufficiency of funds . Accused Shailendra Singh Rawat also gave a cheque of Rs.30,000/- to the informant. When this cheque was presented in the bank, the same was also returned with the endorsement of insufficiency of funds . The informant, therefore, alleged that he was cheated by the accused persons, who also committed criminal breach of trust. When the informant approached the accused-applicants, they hurled abuses and threatened him with dire consequences. The foundation of criminal offence was laid against the accused-applicants. Ingredients of offences complained of against them were, prima facie, made out.;

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