Court No. - 43 Case :- APPLICATION U/S 482 No. - 5902 of 1991 Petitioner :- K.C. Krishna Respondent :- State Of U.P. Petitioner Counsel :- N.N. Singh Respondent Counsel :- Aga Hon'ble Ravindra Singh,J.
Counsel for the applicant is not present.
Heard learned A.G.A.and perused the record.
This application has been filed by the applicant K.C.Krishnan with a
prayer to quash the complaint dated 2.7.1990 filed by O.P.No.2 Ram
Lal Tripathi pending in the court of learned Chief Judicial Magistrate,
Varanasi in Case No. 5037 of 1990.
In this case, notice was issued to opposite party no.2, but nobody has
turned up on behalf of O.P.No.2.
From the perusal of the record, it appears that in this case, the applicant
is resident of Tamil Nadu State. The complaint has been filed by
O.P.No.2 who is resident of Varanasi. The allegation made in the
complaint is that the applicant has purchased Banarsi Saris from the
shop of O.P.No.2 but the payment was not made and assurance was
made by him that the payment shall be made by the applicant.
Thereafter the payment has not been made, consequently, the complaint
has been filed by O.P.No.2, the statements under sections 200 and 202
Cr.P.C.have been recorded and the applicant has been summoned for
the offence punishable under section 420 I.P.C., The complaint was
filed under sections 409/420 I.P.C., on the basis of the allegation made,
no offence under section 409 is made out. The complaint has been filed
on account of non-payment of money in the business transaction. It is
too old complaint. The applicant is resident of Tamil Nadu. The
prosecution of the applicant shall not serve any purpose. It requires
interference by this Court, therefore, the proceedings of the complaint
case No. 5037 of 1990 are hereby quashed.
Accordingly, this application is allowed.
Office is directed to communicate a copy of this order to learned Chief
Judicial Magistrate, Varanasi for information.
Order Date :- 14.7.2010
Su