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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, (for short of Code of Criminal Procedure), the Petitioner has sought quashing of the 2 proceedings of Criminal Complaint Case No. 03 of 2011, Rakesh Kumar v. Jogendra Singh, relating to offences punishable u/s 323, 504 and 506 I.P.C, Police Station Rudrapur, District Udham Singh Nagar, pending in the court of Additional Civil Judge (J/D)/Judicial Magistrate, Rudrapur, District Udham Singh Nagar.
Learned Counsel for the Petitioner submitted that there is a society of bank employees which provides loan to its members. Petitioner is Head Cashier with Allahabad Bank, Branch Firozabad. Respondent No. 2 Rakesh kumar (complainant) is a class IV employee of State Bank of India, Rudrapur. It is pleaded that he (complainant) took loan of Rs. 1,61,000/-but did not repay the same. It is contended that when the proceedings of recovery were made, the Criminal Complaint in question was filed by the Respondent No. 2 to pressurize the Petitioner, who was secretary of the society, not to recover the loan. It is argued that it is abuse of process of law on the part of the complainant to implicate the Petitioner in such a manner.
Admit the petition.
Issue notice to Respondent No. 2 Rakesh Kumar, who may file his counter affidavit within a period of four weeks.
Having considered submissions of learned Counsel for the Petitioner, and after going through the papers on record, as an interim measure, it is directed that further proceedings of Criminal Complaint Case No. 03 of 2011, Rakesh Kumar v. Jogendra Singh, relating to offences punishable u/s 323, 504 and 506 I.P.C, Police Station Rudrapur, District Udham Singh Nagar, pending in the court of Additional Civil Judge (J/D)/Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are stayed until further orders of this Court.
List after four weeks.