IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.423 OF 2008 (U/s 482 Of Cr.P.C.) Ashish Gupta …………Applicant Versus Kunwer Singh & others …………Respondents Dated: August 11, 2010 Sri Sudhir Kumar Aggarwal, Adv. for the applicant Sri Amit Bhatt, Addl. GA for the State/respondent no.1 Sri Deep Joshi, Adv. for respondent no.2 HON. DHARAM VEER, J. This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order dated 21.1.2008 as well as the entire proceedings in Criminal Case No.37 of 2008, Kunwer Singh Vs. Om Prakash & others, U/s 420/504/506 IPC, pending before C.J.M., Rudraprayag. Heard learned counsel for the parties and perused the material on record. In brief, the case of the complainant/respondent no.1 is that on 14.6.2002 co-accused Om Prakash along with Ashok Kumar Rekhi came at his house and co-accused Om Prakash agreed to buy his Truck in his name No.UP-07-B-9533 and then to sell in the name of co-accused Ashok Kumar Rekhi (respondent no.2). On the same day the co-accused checked the said Truck and deal was finalized for Rs.91,000/- out of which Rs.4,000/- was given in cash and rest of the money i.e. Rs.87000/- was agreed to be paid within a month. On 15.6.2002 the complainant himself drove the Truck till Rishikesh and given the same in the possession of co-accused along with the sale letter. The said co-accused fraudulently got the said Truck financed from the petitioner-Ashish Gupta in the name of complainant and the address was shown as Rishikesh and not the place where the complainant was residing and even no contact was made with the complainant nor there are any signatures or photograph on the said finance agreement and that the said photograph and signatures were made by the accused fraudulently. On 27.6.2002 the said Truck met with an accident in Dehradun. When the 2 complainant contacted the accused for his money, they abused and threatened him to his life. The complainant was examined u/s 200 Cr.P.C. while the witness, Rajendra Singh was examined u/s 202 Cr.P.C. Vide order dated 21.1.2008, the court below summoned the petitioner u/s 420/504/506 IPC. Hence this petition. Learned counsel for the petitioner argued that no offence is made out against him and the court below has wrongly summoned him. I do not find any force in this argument for the reason that on a perusal of the complaint lodged by the complainant, the statements of the complainant recorded u/s 200 Cr.P.C. and that of the witness Rajendra Singh, recorded u/s 202 Cr.P.C., I find that the offences punishable u/s 420/504/506 IPC are prima facie made out against the petitioner on the basis of the above-said discussion and the trial court has accordingly rightly summoned the petitioner to face trial. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as that of the accused persons and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial court. If the allegations made in the complaint as well as the statements of complainant recorded u/s 200 and that of the witness recorded u/s 202 Cr.P.C., are taken at their face value and accepted in their entirety, I am of the view that the petitioner has rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of court. For the reasons recorded above, there is no force in the application. The application C482 is devoid of merits and is hereby accordingly dismissed. Interim order dated 3.7.08 is vacated. (Dharam Veer, J.) August 11, 2010 Rdang