Rajesh Kumar vs State Of U.P. And Another
2022 Latest Caselaw 19712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 28715 of 2022
 

 
Applicant :- Rajesh Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ram Surat Patel
 
Counsel for Opposite Party :- G.A.,Sushil Kumar Dubey
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Sri Ram Surat Patel, learned counsel for applicant, submit that Opposite Party No. 2 (complainant) was having commercial transaction terms with the firm owned by father of applicant and dispute, if any, comes to end after death of father of applicant as he has not inherited the firm and further that impugned summoning order passed under Section 204 Cr.P.C. is bereft of requisite opinion for the purpose that there are sufficient ground to proceed against applicant and lastly learned counsel submits that on the basis of document on record the payment was already made by his father.

2. Above submissions are opposed by Sri Sushil Kumar Dube, learned counsel appearing for Opposite Party No. 2. He submits that applicant and his father have repeatedly assured that remaining amount will be paid, however, after death of father of applicant, he vehemently refused to pay. Applicant has owned entire money earned from business, therefore, as he is aware of entire transaction and has owned liability, there is no illegality to summon applicant.

3. Heard learned counsel for parties and perused the material available on record.

4. I find merit in the argument of learned counsel for applicant that impugned summoning order does not have the requisite opinion how even prima facie an offence is made under under Section, 406 and 420 IPC. The requisite opinion that there are sufficient ground to proceed against applicant is also absent with regard to interpretation of two documents where in one document amount is shown to be paid and in second document the outstanding shown is not signed by author of receipt details.

5. In view of above, the application is allowed. Impugned summoning order dated 29.06.2022 passed by Judicial Magistrate, Konch, District Jalaun in Complaint Case No. 218 of 2019 (Ram Pratap Singh vs. Rajesh Kumar), under Sections 406, 420 IPC, Police Station Kotwali Konch, District Jalaun, is hereby set aside. The matter is remanded back to Court concerned to pass a fresh order after considering all evidence and material on record as well as taking note of the judgment passed by Supreme Court in Lalankumar Singh and others vs. State of Maharashtra, 2022 SCC OnLine SC 1383. It is expected that Trial Court shall pass a fresh order, preferably within a period of three weeks from the date a certified copy of this order is placed before it.

Order Date :- 3.12.2022/AK

(Sl. No. 14 out of 207 fresh cases)