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Judgment
Hon''ble Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the summoning order dated 23.03.2011, passed by IInd Additional Civil Judge (Junior Division)/Judicial Magistrate, Roorkee, in Criminal Complaint Case No. 611 of 2009, Arpan Joshi vs. Smt. Renu Joshi and another. Also, order dated 15.12.2011, passed by the revisional court is challenged whereby Additional Sessions Judge, Roorkee has dismissed the Criminal Revision No. 214 of 2011 filed by the present petitioners.
The allegation in the criminal complaint is that the petitioners, who were the agents of the Post Office, took Rs. 11,700/-from the complainant, but deposited only Rs. 8,432/-in his account. The trial court after recording the statements of the complainant and the witnesses u/s 200 and 202 of Cr.P.C., summoned the accused (present petitioner) to face the trial in respect of offence punishable u/s 420 of I.P.C. The revisional court has also affirmed the summoning order.
Learned counsel for the petitioners submitted that petitioners are innocent. It is further submitted that the short amount has already been deposited in the account of account holder.
Having considered submissions of learned counsel for the petitioners, and after going through the impugned orders passed by the courts below, this court is not inclined to interfere with the trial of the case, pending before the Magistrate.
Therefore, without expressing any opinion as to final merits of the case, this petition u/s 482 of Cr.P.C., is dismissed summarily, with the observation that if the petitioners namely Smt Renu Joshi and Ashok Joshi, surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that petitioners have pleaded that criminal complaint is counter blast of the First Information Report lodged by the petitioners.