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2016 DIGILAW 925 (MP)

Praveen Kabra @ Jitendra Kabra v. State of M. P.

2016-10-17

S.K.PALO

body2016
ORDER 1. This petition under section 482 of the Code of Criminal Procedure has been filed, assailing order dated 30.3.2016 passed by First Additional Sessions Judge, Pipariya, District Hoshangabad in Criminal Revision No.213/2015, whereby the order of framing charge against the petitioner for offence under section 420 read with section 34 of the Indian Penal Code has been affirmed. 2. Brief facts, just necessary for disposal of this petition, are that the accused petitioner Praveen @ Jitendra Kabra allegedly by misrepresentation made complainant Om Prakash Sen to sell his Bolero Jeep to co-accused Ram Das on instalment basis. It is claimed that after taking the possession, Ram Das did not pay the instalment to Om Prakash. According to complainant Om Prakash, when he contacted the accused petitioner, he abused him. According to him, the allegation is that after the vehicle has been sold the instalment agreed to be paid, was not paid by Ram Das, which is purely a civil matter, therefore, no criminal case should be lodged against the petitioner in this regard. 3. Counsel for the petitioner submitted that the revisional Court without going into merits of the case, simply disposed of the same by stating that the order dated 25.6.2014 passed by the trial Court was not challenged. It is further claimed on behalf of the petitioner that the matter pertains to transaction which is purely of civil nature, therefore, prima facie no case is made out against the petitioner. 4. Learned Panel Lawyer has opposed the petition. 5. Considering the submissions made by learned counsel for the parties, it appears that there was a transaction and vehicle was sold to Ram Das. Ingredients of “cheating” or “misrepresentation” as alleged by the complainant, is lacking. The trial Court has framed charge under section 420 read with section 34 IPC without applying its mind. For civil transaction, no criminal complaint can be lodged. It is for the complainant to recover the amount of the vehicle sold to Ram Das. 6. On the basis of above discussion, petition under section 482 of the Code of Criminal Procedure is allowed. Order dated 30.3.2016 passed by learned First Additional Sessions Judge, Piparia, so far as it pertains to the petitioner, is set aside. The trial Court is directed to drop the proceedings as regarding the present petitioner only. Pramod Singh Tomar for appellant; Ms. Vandana Shrivastava, Panel Lawyer for respondent/State.