- (1.) Heard Sri Raghuvansh Mishra, Advocate, holding brief of Sri Apul Mishra, learned counsel for revisionist and Sri S.A. Murtaza, learned A.G.A. for State-respondent.
(2.) This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by order dated 18.12.2004 passed by Additional Chief Metropolitan Magistrate, Court No. 1, Kanpur Nagar in Case No. 3531 of 2000 in exercise of power under Section 319 Cr.P.C. summoning the revisionist under Section 406 and 420 I.P.C. and bailable warrant dated 28.02.2005 issued against revisionist.
(3.) Brief facts giving rise to the present revision are that a first information report was lodged by Munshi Singh, opposite party no. 2 on 07.07.1998 at Police Station Naubasta, District Kanpur Nagar vide Case Crime No. 693 of 1998 under Sections 406, 419, 420 I.P.C. alleging therein that Ramesh Singh, who was S.R. of All Out (mosquito repelling machine) and a supplier to Kanpur Zone, and his Head Officer Shukla Ji, who is looking after the work of the company at Shukla Ganj in Unnao as C&MA in M/s Mukta Bihari Lal & Company, Sher-e-Punjab Building, visited his house and assured him that they would ensure allotment of an agency of the company and delivery of its materials to him; whereupon the informant, believing the words of both the aforesaid persons, gave them around Rs. 82,000/- vide three bank drafts bearing nos. 67589, 67590 and 67591 and the aforesaid persons assured the applicant that they would soon allot him an All Out Agency and supply its material in his name but even after several meetings of informant with the aforesaid persons, they neither sent the material nor disclosed the truth. Ramesh Singh told him to go to Shuklaganj, Unnao and talk with Shukla Ji, who is an officer of the company. The informant went to Shuklaganj to meet Shukla Ji but only after many rounds of such visits could meet him on 18.06.1997. When he enquired Shukla Ji about receiving money through bank drafts and about All Out agency then he told that aforesaid bank drafts had been sent to the head office at Delhi. When the informant visited Delhi, he could not get any information about the bank drafts and money. Then informant met Ramesh Singh who flatly refused and told that he knew neither about the bank drafts nor about the cash money. Ramesh Singh and All Out's officer Shukla Ji got the money of the applicant withdrawn deceitfully and fraudulently, owing to which the applicant believes that the aforesaid persons have grabbed the money, and by way of committing fraud with the informant got a total of Rs. 82,000/- withdrawn from his account which has caused a big loss to him. Request was made to register the case for fraud and breach of trust against the aforesaid Ramesh Singh and Shukla Ji of All Out Agency, Shukla Ganj, District Unnao, Uttar Pradesh.;