HIGH COURT OF CHHATTISGARH AT BILASPUR Single Bench : Hon’ble Shri T.P. Sharma, Judge Cr.M.P.No.484(2007 ARx _____________ iication under Section __ 482 of the Code _____ of Criminal . Procedure. Present : Shri B. D. Badgayan, counsel for the applicant. ORAL ORDER (Passed on 27m day of June, 2008) This petition is directed against the otder dated 09-11-1 995 passed‘by the 5‘“ Additional Sessions Judge, Raipur in Criminal Revision No.91/1995 reversing the order dated 12-01-1995 passed by the Chief Judicial Magistrate, Raipur in Criminal Case No.269/1995. (2) Order is challenged on the ground that the learned Additional Sessions Judge has not appreciated theevidence available on record which is not sufficient for taking cognizance for the offence punishable onder Section 420 of l.P.C. against the non-applicant. (3) Heard learned counsel for the appiicant. (4) Order impugned is perused. (5) lt is argued on behalf of the applicant that the non-applicant has induced the applicant for granting loan of Rs.40,000/- on the ground that he will repay the loan from the amount of B.C. which is collected from the members of B.C. ,and on the basis of such _A__Qplicant Comgiainant Mirchumal, aged about 48 yéars, SafarmaL resident 0f Mangda Raipur (C.G.) versus Non-agglicant Accused Gopal Saha S/o Rajendra Chandra Saha. Proprietor M/s Baisakhi Enterprises, Godavari Comprex, condition of repayment, the applicant has advanced the loan to the nbn-appiicant' but the non-appHcant has failed to repay the ioan an committed offence of cheating. (6) According to case of the applicant, this is a simple loan transaction in which non~applicant was not required to show sources of income from which he wiil repay the loan. On failure to repay the loan, the applicant is at liberty to file civil suit for recovery of loan because this is a simplicitor civil transaction. (7) After taking into consideration, the learned Additional Sessions Judge has quashed the order of taking cognizance for punishable under Section 420 of l.P.C. Trial Court has not committed any illegality or irregularity resulted into grave injustice. (8) l do not find any substance in the merit and the petition liable to be dismissed and hereby dismissed. ; 2:; Sd/" U K ‘ T.P Shanna the offence Judge d ;