Anil Kumar Srivastava, J. - (1.) Heard Sri Murli Manohar Srivastava, learned counsel for the petitioner, Sri Manish Bajpai, assisted by Sri Punit Saxena, learned counsel for opposite party No. 2 as well as learned AGA for opposite party No. 1 and perused the record.
(2.) Petition has been preferred to quash the proceedings of Complaint Case No.180 of 2006 (Gopal Krishna v. Dr. Rajesh Bhatia), under Section 420, IPC, Police Station Gomti Nagar, Lucknow pending before the Court of Additional Judicial Magistrate, Court No.37, Lucknow and judgment and order dated 9.8.2007 passed by the learned Sessions Judge in Criminal Revision No.233 of 2007; Dr. Rajesh Bhatia v. State & Ors. whereby the revision was dismissed and summoning order passed by learned Magistrate on 26.6.2007 was confirmed.
(3.) A complaint was filed by opposite party No. 2 with the allegations that the opposite party No. 2 is a retired Central Government Employee. He contacted the petitioner for the operation of his eyes as well as eyes of his wife namely, Smt. Rani Sinha. Opposite party No. 2 asked that an expenditure of Rs.13,000/- has to be incurred in the operation and the receipt would be given but receipt of only Rs.900/- was given. Payment of Rs.13,000/- was made by Rajesh Sinha son of opposite party No. 2 through Cheque No.531072 dated 16.7.2005 from the account of ICIC Bank, Gomti Nagar, Lucknow. Operation was not successful, although an amount of Rs.13,000/- was received by the opposite party No. 2 but only receipt of Rs.1800/- was given. Legal notice was issued.;