1. Heard learned counsel for the applicant, learned counsel appearing for opposite party no.2, learned AGA for the State and perused the record.
2. This application under Section 482 CrPC has been preferred for quashing of entire proceedings, including summoning order dated 01.04.2024, of Complaint Case No.386/2024 (Lavish Gupta v. Priyank Varshney @ Kaku), under Sections 406, 504 IPC, Police Station- Hasanpur, District- Amroha, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, Amroha.
3. It is submitted by learned counsel for the applicant that impugned complaint has been lodged making false allegations and that no prima facie case under Section 406 IPC is made out. It was stated that there were business transactions between the parties and in that relation the opposite party no.2 has issued a cheque of Rs.4,00,000/- and when it was presented in bank, it was dishonoured. In that regard, a case under Section 138 of Negotiable Instruments Act has been filed against the applicant. The impugned complaint has been lodged by the opposite party no.2 by concealing that fact and other material facts. It is further submitted that the main allegation of applicant is that complainant has given an amount of Rs.23,39,920/- to the applicant and only an amount of Rs.7,20,000/- was returned back by the applicant and as per complainant, an amount of Rs.15,49,000/- is due upon the applicant. Learned counsel has referred the case of Satishchandra Ratanlal Shah v. State of Gujarat and Another, 2019 (9) SCC 148 and submitted that the mere fact that applicant has failed to return the amount of complainant, would not constitute the offence under Section 406 IPC.