Manoj Kumar Rai Alias Manoj Rai vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2405

SAURABH SHYAM SHAMSHERY
Manoj Kumar Rai Alias Manoj Rai – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Appellant : Amit Daga, Vimlendu Tripathi
For the Respondent: G.A.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Heard learned counsel for the applicants and learned AGA for the State.

2. Present application U/S 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 26.12.2017, being C.S. No.708 of 2017 as well as the entire proceedings, arising out of Case Crime No.330 of 2017, in its pursuance as Criminal Case No.834 of 2018, State of U.P. Vs. Arvind Pande and others, under Sections 420, 406, 504, 506 IPC, Police Station Deoband, District Saharanpur.

3. In present matter, the applicant and opposite party had commercial transactions even prior to alleged occurrence, supported by documents placed in present application and not substantially denied by complainant in counter affidavit.

4. The FIR lodged by the complainant was essentially based on a dispute arising out of commercial transaction alleging that though product was received by the applicant but due payment of it was not paid despite repeated reminders. The contents of the FIR are substantially corroborated by the statements of the witnesses recorded during investigation. After investigation, a charge-sheet was filed, on which cognizance was taken and the applicants were summoned by