Ayodhya Prasad Shukla vs State of U.P. and Another

G.S.N. Tripathi, J.—This is a petition u/s 482, Code of Criminal Procedure with a prayer that the proceedings against the applicant in case No. 2103 of 1993 State v. Ayodhya Prasad Shukla, pending in the Court of Munsif Magistrate, Rudurpur, Nainital be quashed.

The case against the Petitioner has been launched on the basis of certain supplies of flour made by the opposite party No. 2 Suresh Kumar Agarwal, the owner of Ram Kumar Roller Flour Mill Pvt. Ltd. Lalpur Kichcha, District Nainital.

So far as the supply of the goods is concerned, that is not disputed. However, the Petitioner, who is arrayed as an accused in that case, has come with an allegation that the payments of these goods have already been made and in order to prove that theory of payment, documents Annexures 2 to 15 have been filed.

Without expressing any opinion as to whether these payments validly relate to this very transaction, I think this is a case involving investigation of complicated questions of fact. That can be dealt with only by the civil Court. Prima facie, it cannot be said that right from the very inception, the accused Petitioner had no intention to pay, even If it is assumed for the sake or argument that the payments have not been made, I think that in the interest of justice, the criminal Courts should keep its hand off such transactions and the matter may be tackled at the civil Court.

Under these circumstances, the petition is allowed. The proceedings in case No. 2103 of 1993, State v. Ayodhya Prasad Shukla, pending in the Court of Munsif Magistrate, Rudurpur, Nainital are quashed.

Heard Sri. Suman Kumar Yadav at considerable stretch and for a very long time.