- (1.) HEARD the learned counsel for the applicant and the respondents and perused the record. This is an application under section 482 Cr.P.C. for quashing the proceedings of criminal case no. 577 of 2005, Sanjay Kumar Vs. Vipin Kumar Sharma, under section 406/323/504/506 I.P.C. pending in the court of A.C.J.M., Court No. 4, Aligarh.
(2.) THE learned counsel for the applicant submitted that according to the complaint, the applicant took Rs. 40,000.00 from the respondent no. 2 as an earnest money and assured to give adjustment thereof or return in due course. But he neither returned the money nor gave any adjustment. It is also alleged that on 19.4.2005 the applicant assaulted the respondent no. 2 with kicks and fists and also abused him and gave threatening and an injury report was also filed in support of the complaint. From the materials on record, only a case under section 323, 504 and 506 I.P.C. is made out. Therefore, the summoning order to that extent seems to be correct. So far as the allegations in regard to advancement of money is concerned, the disputes seems to be of civil nature. In case, the applicant failed to repay the money or to provide any adjustment. The proper course for the respondent no. 2 was to file appropriate civil proceeding for recovery of the money. It appears that the complaint has been filed to use the same as a tool for making recovery of the aforesaid money. Such type of complaint cannot be permitted to be entertained. There is no material to show that the intent of the applicant was dishonest, therefore, no case under section 406 I.P.C. is made out.
(3.) THE application is partly allowed. Consequently, the summoning order in regard to the offence under section 406 I.P.C. is quashed. The proceedings of the complaint case in regard to the offences under section 323, 504, 506 I.P.C. may go on. The summoning order dated 18.11.2005 is accordingly modified. Interim order, if any, granted earlier is vacated.;