HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL REVISION No. - 1717 of 2011 Petitioner :- Prashant Kumar Tripathi Respondent :- State Of U.P. Petitioner Counsel :- Rupak Chaubey Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard Sri Rupak Chaubey learned counsel for the revisionist and learned A.G.A.
I have perused impugned order dated 17.2.1011 passed by Special Chief Judicial Magistrate, Varanasi, in Misc. Case No.29 of 2011 Prashant Kumar Tripathi Vs. Raj Nath Singh and others.
Perusal of the impugned order indicates that the dispute in between revisionist and accused persons was admittedly a civil dispute regarding breach of agreement. Residue and balance payment can be recovered by filing a money recovery suit. Since there is absence of intention to cheat from the very inception, no offence is disclosed.
In view of the above, impugned order does not suffer from any error of law. This revision being bereft of merits, is dismissed.
Order Date :- 8.4.2011 rkg