The High Court refused to quash the charge sheet and criminal proceedings under S. 482 Cr.P.C. as no prima facie case for abuse of process was made out, noting sufficient material existed for filing the charges.
Application for quashment refused; applicant granted 30 days to file discharge application; no coercive action for 30 days.
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Court No. - 64
Case : - APPLICATION U/S 482 No. - 13883 of 2019
Applicant : - Vinod Kumar Opposite Party : - State Of U.P. And Another Counsel for Applicant : - Ruduvant Pratap Singh Counsel for Opposite Party : - G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the charge sheet no.168/2016 dated 12.12.2019, summoning order dated 18.04.2018 as well as the entire proceeding in Criminal Case No.1635 of 2018, State Vs. Vinod Kumar, arising out of Case Crime No.327 of 2016, under Sections 420 and 406 I.P.C., Police Station Fatehpur, District Saharanpur, pending in the court of the Additional Chief Judicial Magistrate-IV, Saharanpur.
Contention has been raised on behalf of the applicants to the extent that in this case, the applicant was initially sanctioned loan to the tune of Rs.65,00,000/- by Punjab National Bank, Branch Fatehpur, Saharanpur in the year 2013 for which the applicant had mortgaged some land with the Bank concerned. The applicant had disbursed only Rs.45,00,000/- whereas Rs.20,00,000/- have been transferred by the bank officials concerned in the other bank accounts, cheating the applicant for which the applicant filed complaint against the bank officials. The opposite party no.2 of his own with malafide intention lodged the first information report against the applicant alleging therein false allegations. The applicant cannot be fastened with liability of the remaining amount Rs.20,00,000/- which he had not obtained from the bank concerned.
It has been further added that the entire proceeding is in sheer abuse of process of the Court and there is no material on record justifying the filing of charge sheet against the applicant. There is no apparent error exist against the applicant. The court below applied its mind mechanically and took cognizance of the charge sheet which too is sheer abuse of process of the court itself and, therefore, entire proceeding stands vitiated and need be quashed by this Court.
Learned A.G.A. has opposed the prayer for quashment of the charge sheet and submitted that the material on record is
sufficient justifying the filing of charge sheet and so taking of the cognizance in the aforesaid offence by the court below.
Considered the above submissions and the contents disclosed in the first information report and charge sheet. No good ground is made out for quashment of the impugned charge sheet. Accordingly, the prayer for quashment of the impugned charge sheet is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant moves an application for discharge before the court concerned within 30 days from today, the same shall be considered and disposed of by the court concerned in accordance with law after affording opportunity of hearing to the parties.
For a period of 30 days from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 17.5.2019
PKC
1 issue framed by the court
Whether the charge sheet and criminal proceedings arising from a banking dispute amount to an abuse of the process of the court and require quashment under Sec. 482 Cr.P.C.
1 provisions across 1 enactments
Vinod Kumar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
