Court No. - 25 Case :- APPLICATION U/S 482 No. - 33898 of 2009 Petitioner :- Ved Prkash And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- K.A. Usmani Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
It has been argued by Mr. Mohd. Ayub holding brief for Mr. K.A.
Usmani, learned counsel for the applicants that even if all the
allegations of the complaint are held to be true on their face value that
would clearly show that it was a case of commercial breach for that the
appropriate remedy would be in the civil side. The remedy in the
criminal side is deprecated by the Supreme Court in 2008(1) ALJ 40
(SC), Inder Mohan Goswami and another Vs. State of Uttaranchal
and others.
Issue notice to O.P. No. 2 to file counter affidavit within 2 weeks.
Rejoinder, if any, may be filed within 1 week thereafter.
List thereafter.
Till then, further proceedings of criminal case no.5812/07, Sheel
Goyal Vs. Ved Prakash, under Sections 406, 420, IPC, P.S. Sadar
Bazar, District Saharanpur, pending before the Chief Judicial
Magistrate, Saharanpur shall remain stayed.
Order Date :- 2.2.2010
T. Sinha