- (1.) This application under Section 482 Cr. P.C. has been filed for quashing of the summoning order dated 28.9.2015 passed by the Additional Chief Judicial Magistrate, Nagina, district Bijnor in complaint case no. 39 of 2015 (M/s. Dwarikesh Sugar Industry Limited Vs. Kashi Prasad Gadia) under Sections 420, 408 IPC, Police Station Nagina Dehat, district Bijnor. It has been further prayed that the proceedings of the aforesaid complaint case be quashed.
(2.) Sri M. C. Chaturvedi, learned Senior Advocate assisted by Sri Satendra Kumar Singh submitted that the summoning order is passed illegally without considering the true scope of the legal position. It was also argued that police investigation was continued on the basis of same set of facts. Police did not find the offence under Sections 420, 487, 408, 352 IPC and submitted charge sheet only for the offence under Section 504, 506 IPC. The concerned Magistrate without taking note of the police investigation summoned the applicant. Concerned Magistrate has also not followed procedure prescribed under Section 210 Cr. P.C. Thus the complaint cannot go on. It was further argued that applicant retired in the year 2010 and on several occasions during service appreciation letters were issued by the authority. Applicant got extension after retirement on the basis of appreciation letters. Referring to the statement recorded in the complaint it was argued that summoning order was passed on the basis of oral evidence only. There is no documentary evidence to support the allegations levelled against the applicant. It was also argued that applicant is being harassed by the opposite party no. 2 by filing repeated complaints. No offence under Section 408 IPC is also made out against the applicant. It is a case of no evidence.
(3.) Sri Satish Trivedi, learned Sr. Advocate assisted by Sri Tarun Agarwal as well as learned A.G.A. argued that it is an admitted case of the applicant that he was initially posted as Deputy General Manager in the institution of opposite party no. 2 and later on he was promoted as General Manager and all the financial and administrative functions were being discharged by him on behalf of the Company. Applicant was involved in sale and purchase of raw material, molasses and other equipments of the Company. He started taking illegal gratification in the sale and purchase of the above items and on this basis he was removed from service. Complaint case is not barred on the ground that police has submitted charge sheet under Section 504, 506 IPC only. Summoning order is not illegal. Witnesses who have been examined in support of the complaint have clearly and consistently supported the allegations. They were also working in the company. They were the witnesses of the corrupt practice of the applicant. It was further argued that court dealing with the matter has to see only prima facie case. Even suspicion so strong is sufficient to hold the prima facie case and on that basis the accused may be summoned at this stage to face the trial. It was next contended that in the present matter opposite party no. 2 has also filed documentary evidence besides the oral evidence. Suspicion is based on evidence.;