- (1.) Heard Shri Anurag Khanna, learned Senior Advocate, assisted by Ms. Gunjan Jadwani, learned counsel for the applicant and learned A.G.A. for the State and perused the record.
(2.) The application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 15.04.2015 and entire criminal proceedings of complaint case no.5099 of 2014 (Om Prakash Sharma Vs. Siddharth Lal, Managing Director & others), under Sections 420, 120B IPC, Police Station New Agra, District Agra, pending in the court of Additional Chief Judicial Magistrate IVth, Court No.11, Agra.
(3.) Learned counsel for the applicant contended that the applicant has been falsely implicated in the complaint case no.5099 of 2014, in which the learned Magistrate has issued process against the applicant summoning him for the offences under Sections 420, 120B IPC; that the applicant is an Engineer and has not committed any offence under Sections 420 or 120B IPC; that the opposite party no.2 has filed the impugned criminal complaint concealing the filing of complaint by him before the District Consumer Redressal Forum-Ist, Agra regarding the same dispute and its disposal by the Forum on 15.10.2014; that the opposite party no.2 has filed appeal no.A/2451 of 2014 against the order passed by District Consumer Redressal Forum, Agra before the Consumer Redressal State Commission, Uttar Pradesh, Lucknow, in which notices at Annexure 7, have been issued; that pending complaint before the District Consumer Redressal Forum, Agra, the opposite party no.2 filed present complaint case against the applicant and five others regarding the same matter for issuing process against applicants and others under Sections 406, 420, 467, 468, 471 & 120B IPC; that on above complaint, the Magistrate has acted wrongly and illegally in passing the summoning order dated 15.04.2015 for issuing process against the applicant and two others; that pending complaint before the District Consumer Redressal Forum, Agra, criminal complaint has been moved just to harm and harass the applicant by misuse of process of court; that if the proceedings of complaint case are not quashed, the applicant, who is only an Engineer of Volvo Eicher Commercial Ltd. will suffer irreparably.;