Ramesh Chander Gupta vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

Ramesh Chander Gupta vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay of coercive action against the applicant till the next date of listing; notice to opposite party no.3 returnable on 24.02.2025; parties directed to exchange affidavits; final consideration of the Section 482 application deferred.

Issue for consideration

Whether the applicant, who served as General Manager (operations) from 16.05.2012 to 22.05.2013, is personally responsible for the alleged forged-sale-deed transaction, his case being urged to be distinguishable from the co-accused, the company being the alleged beneficiary of the money transaction. +2 more

Ratio / Principle

Till the next date of listing, no coercive action shall be taken against the present applicant in Criminal Case No. 26522 of 2023 (State of U.P. Vs. Yogesh Gauba and Others) arising out of Case Crime No. 0708 of 2021; coercive action shall remain stayed in the interregnum.

Key takeaways

Notice to be issued to opposite party no.3, fixing 24.02.2025 as the date of listing.ratio¶7
In the meantime, both the parties shall exchange their respective affidavits, if any.ratio¶7
Office directed to print the names of Shri Ram Pyare and Suyash Gupta, Advocates, as counsel for the applicant, correcting the name misprinted in the cause list.ratio¶4

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Dinesh Pathak, J.), Application U/S 482 No. 44672 of 2024, Ramesh Chander Gupta v. State of U.P. and 2 others (order dated 03.01.2025). Cause-list correction: counsel for the applicant recorded as Ram Pyare and Suyash Gupta in place of the misprinted name; office directed to amend. The applicant is an accused in Criminal Case No. 26522 of 2023 (State of U.P. Vs. Yogesh Gauba and Others) arising out of Case Crime No. 0708 of 2021, Police Station- Jagdishpura, District- Agra, under Sections 420, 467, 468, 471, 504 & 506 I.P.C., wherein the F.I.R. alleges that despite earnest money having been received by the Ansal Company, a forged sale deed was executed with respect to property which never belonged to it. Counsel submits the applicant was merely General Manager (operations) from 16.05.2012 to 22.05.2013, is not personally responsible, the company is the beneficiary of the transaction, and a civil dispute has been dragged into criminal proceedings. Court: 'Matter requires consideration'; notice to opposite party no.3 fixing 24.02.2025; parties to exchange affidavits; till the next date of listing, no coercive action against the applicant.

Court No. - 74 Case :- APPLICATION U/S 482 No. - 44672 of 2024 Applicant :- Ramesh Chander Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Mishra Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Pathak,J.

At the very outset, Shri Suyash Gupta, Advocate has submitted that name of Mr. Sandeep Mishra being a counsel for the applicant has incorrectly been printed in the cause list, whereas the correct name of the counsel for the applicant is Ram Pyare and Suyash Gupta.

In this view of above, office is directed to print the name of Shri Ram Pyare and Suyash Gupta, Advocates, as counsel for the applicant.

It is submitted that case of the present applicant is distinguishable from the other co-accused. F.I.R. has been lodged with an allegation that despite the earnest money been received by the Ansal Company, forged sale deed has been executed with respect to property in question which never belongs to it. Present applicant was simply a General Manager (operations) from 16.05.2012 to 22.05.2013, therefore, he is not personally responsible for any such transaction took place between the parties. It is next submitted that the company is the beneficiary of such money transaction. It is next submitted that civil dispute has illegally been dragged into criminal proceeding.

Matter requires consideration.

Opposite party no.1 and 2 are represented through learned A.G.A. Let notice be issued to opposite party no.3, fixing 24.02.2025 as the date. In the meantime, both the parties shall exchange their respective affidavits, if any.

Till the next date of listing, no coercive action shall be taken against the present applicant in Criminal Case No. 26522 of 2023 (State of U.P. Vs. Yogesh Gauba and Others) arising out of Case Crime No. 0708 of 2021, under Sections 420, 467, 468, 471, 504 & 506 I.P.C., Police Station- Jagdishpura, District- Agra, shall remain stayed.

Order Date :- 3.1.2025 Sumit K.

Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad