Application filed under Section 482 Cr.P.C. for quashing summoning order and proceedings in a criminal complaint alleging commercial dispute and short supply. Court observed matter requires consideration and stayed proceedings against applicant pending notice and returnable date.
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Court No. - 28
Case :- APPLICATION U/S 482 No. - 255 of 2024
Applicant :- Siddharth Mahendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Krishna Kant,Karunanidhi Yadav,Shilpi Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
Heard Sri Karunanidhi Yadav, learned counsel for the applicant and learned Sri Nirmal Kumar Pandey, learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing of the impugned summoning order dated 08.03.2021 as well as the bailable warrant dated 12.10.2023 passed by the learned Additional Chief Judicial Magistrate, Bahraich in Criminal Complaint Case No.2138 of 2019 (Smt Kiran Jaiswal vs. Surendra Kumar Sharma and Others) and for quashing of the order dated 03.12.2020 passed by learned Additional Chief Judicial Magistrate, Bahraich on an Application preferred under Section 156(3) CrPC as well as for quashing of the proceedings of Criminal Complaint Case No.2138 of 2019 (Smt. Kiran Jaisawal vs. Surendra Kumar Sharma and Others) in respect of the applicant.
Contention of learned counsel for the applicant is that from the perusal of the complaint, it is clear that the present dispute is regarding commercial transaction between the parties. The applicant being the agent of the company which produces juice biscuits and after getting money, he transferred the same in the account of the company and there is a complaint of short supply of product which is purely civil dispute for which the remedies lie before the civil court.
In support of his contention, learned counsel for the applicant has relied upon the judgment of this Court passed in Application u/s 482 CrPC No.13584 of 2013 delivered on 02.11.2023, in which this Court after taking into consideration of the judgment of Apex Court, observed that initiating criminal proceeding for the commercial dispute is nothing but the abuse of process of the Court.
Matter requires consideration.
Issue notice to opposite party no.2, returnable at an early date.
List after fours weeks.
Till the next date of listing, proceedings of Criminal Complaint Case No.2138 of 2019 (Smt. Kiran Jaiswal vs. Surendra Kumar Sharma and Others) pending before the Court of learned Additional Chief Judicial Magistrate, Bahraich, shall remain stayed, so far as the present applicant is concerned.
Order Date :- 12.1.2024 Manoj K.
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether criminal proceedings filed regarding a dispute over commercial transaction and short supply of product between parties should be quashed.
Whether the present case constitutes a purely civil dispute for which remedies lie before the civil court.
Siddharth Mahendra
State Of U.P.
Arun Kumar Singh Deshwal
As recorded by the court registry
3 orders share this CNR
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