- (1.) This application under section 482 Cr.P.C. has been moved for quashing the summoning order dated 10.3.2014 as well as proceedings in Complaint Case No. 4695 of 2013, Smt. Geeta Devi v. Devendra Kumar Sharma and another, under section 406 I.P.C., P.S.-Brahmapuri, District-Meerut pending in the Court of learned A.C.J.M. Vth, Meerut. Heard learned Counsel for the applicants as well as learned A.G.A. and perused the record.
(2.) It appears that the notices were issued to the opposite party No. 2 and the office report reveals that the same have been served personally but the complainant has chosen not to appear in the Court in this matter either personally or through counsel. No power has been filed. In such circumstances, the Court deemed it fit to proceed on the basis of record taking the assistance of learned A.G.A. representing the State.
(3.) As per the allegations made in the complaint, the complainant had sold her house to the accused-applicants namely Devendra Kumar Sharma and Shubham Bharadwaj in Rs. 6,50,000/-. It was alleged that accused-applicants fell short of Rs. 50,000/- and they had requested that the balance amount of Rs. 50,000/- will be paid afterward. Further allegation is that the accused-applicants did not made the payment of aforesaid amount good and also did not pay Rs. 20,000/- which were to be paid with regard to the wall. It was stated that the complainant had gone out in connection with some marriage but when she came back she found that her house has already been taken possession of and the valuables and cash of the house had been stolen. According to the complainant, the police did not register the case and therefore, the complaint had been brought in the Court. After examining the witnesses Gopi and Akash under section 202 Cr.P.C. the Court deemed it fit to summon the accused.;