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Judgment
5 paragraphs · 239 wordsPankaj Purohit, J
By means of the present C528 application, applicant has sought the indulgence of this Court for quashing the cognizance/summoning order dated 20.01.2024, passed by learned First Additional Judicial Magistrate, Roorkee, District Haridwr in Criminal Case No.21 of 2024, State of Uttarakhand & another vs. Jaswinder Singh (New Case No.685 of 2024) under Sections 406 & 420 IPC and Section 66D of the information Technology Act as well as the entire proceedings of aforesaid criminal case.
It is contended by learned counsel for the applicant that an agreement was entered into between the parties for supplying moulding machines to the informant and for that purpose, a sum of Rs.15,50,000/-was given by the informant to the applicant as advance, but the machines were not supplied. He further contends that informant has pressurised the applicant to supply the machines, therefore, a sum of Rs.12,00,000/- was returned by the applicant to the informant in cash.
From perusal of the FIR, prima facie, the commission of cognizable offence is made out against the applicant. This Court while sitting in the inherent jurisdiction under Section 528 of BNSS Act, 2023 is not enjoined to sift the evidence between the parties and the same can be done only by the trial court. Accordingly, no case is made out to interfere in the present C528 application and the same is dismissed in-limine.
Pending application, if any, stands disposed of accordingly.