- (1.) HEARD learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) THE present application under Section 482 Cr.P.C. has been filed with the prayer for quashing the entire proceedings of Complaint Case No.87 of 2008, Manoj Kumar Gupta Vs. Rajendra Singh @ Rajji Chaudhary, under Section 406 I.P.C., Police Station Saurikh, District Kannauj, pending in the court of the Additional Chief Judicial Magistrate, Chhibramau, Kannauj.
(3.) THE case of the applicant is that opposite party no.2 filed complaint against the applicant with the allegations that though 320 bags of flour (Aata) were supplied to the applicant on 29.1.2006 but the amount was not paid. Learned counsel for the applicant contended that even from the perusal of the complaint, it is clear that it was only business transaction and no offence is made out against the applicant and as such entire proceeding is liable to be quashed. Learned counsel for the applicant further contended that there are chances of settlement in between the parties, if the matter is referred to the Mediation Centre. Learned AGA opposed the prayer and submitted that in view of the complaint lodged against the applicant, offence is made out and the prayer for quashing the proceedings may be rejected.;