SANJAY GULATI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Krishna Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State-respondents and perused the record.

(2.) By means of the instant application under Sec. 482 of the Criminal Procedure Code the applicant-Sanjay Gulati s/o Shri Mahendra Gulati has prayed for quashing of the entire proceedings of Complaint Case No. 419 of 2006 under Sec. 420, 506 I.P.C. in Police Station Civil Lines, District Moradabad pending in the Court of Civil Judge (Junior Division), Moradabad, Court No. 2.

(3.) The facts of the case as borne out from the record are that the complainant Kamal Singh, who has been arrayed as the opposite party No. 2 in the application under Sec. 482 Criminal Procedure Code, filed a complaint dtd. 23/6/2005 under Sec. 156 (3) of the Criminal Procedure Code alleging that he had taken a loan from Syndicate Bank for his business of cycles and had submitted a quotation of "Sandeep Traders, Jail Road, Moradabad". On 30/5/2005 a cheque number 757645 amounting to Rs.30,000.00 was issued in the name of Sandeep Traders but Sandeep did not give the goods to the complainant and he said that he will give the same as and when the same will be available and he obtained signatures of the complainant for obtaining payment from the Bank. Thereafter, the second cheque bearing number 054830 dtd. 9/6/2005 for Rs.20,000.00 was given by the Bank. Sandeep kept on saying that he will give the goods. On 20/6/2005, the complainant went to Sandeep, the complainant accompanied by his brothers Charan Singh, Vipin Bishnoi and Mohit Bishnoi went to Sandeep, when Sandeep said that the entire arrears stood settled and he would not give the goods and threatened the complainant, He has complained that Sandeep wants to usurp the complainant's money fraudulently.