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Allahabad High Court · body

2011 DIGILAW 2068 (ALL)

Ombeer v. State of U. P. and Another

2011-09-03

SHYAM SHANKAR TIWARI

body2011
Hon’ble Shyam Shankar Tiwari, J. : Heard learned counsel for the applicant and learned A.G.A. for the state.2. This petition has been filed under Section 482 Cr.P.C. for quashing the entire proceedings of criminal complaint case No. 2634/9 of 2010, Chandra Prakash Vs. Ombeer Singh, under Section 138 Negotiable Instruments Act, relating to Police Station Railway Road, district Meerut pending in the court of learned Additional Chief Judicial Magistrarte-VIIth, Meerut.3. It is contended by the learned counsel for the applicant that at the time of execution of the sale deed entire agreement amount of sale i.e. Rs.5,56,000/- has been paid to the seller before the witnesses and the cheque of Rs.1,24,000/- was given to the seller in advance which he had assured to return at the time of execution of the sale deed but subsequently after the execution of the sale deed he did not return that cheque and falsely implicated the applicant in this case.4. After considering the submissions made by the learned counsel for the parties, it appears that it is a dispute of civil nature and on perusal of the copy of the sale deed filed on record as annexure-8, it appears that the entire amount of sale consideration was paid to the seller at the time of execution of sale deed before the witnesses.5. Learned A.G.A. accepted notice on behalf of the State. Counter affidavit, if any, may be filed within six weeks.6. Issue notice to opposite party No.2 who may also file counter affidavit within the aforesaid period. Rejoinder affidavit may be filed within two weeks thereafter.7. List thereafter before appropriate Bench.8. Till the next date of listing, further proceedings in the present criminal case shall remain stayed.___________