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CASE NO.: Appeal (crl.)  349 of 2008

PETITIONER: Pradeep Singh

RESPONDENT: Gopal Chandra Agarwal & Ors

DATE OF JUDGMENT: 15/02/2008

BENCH: K. G. Balakrishnan & C. K. Thakker& R. V. Raveendran

JUDGMENT: JUDGMENT

O R D E R CRIMINAL APPEAL NO. 349 OF  2008 (Arising out of SLP (Criminal) No.2458 of 2005)

       Leave granted. Heard learned counsel for both sides. 2.      By the impugned order dated 10.12.2004, the High Court has quashed  the entire criminal proceedings initiated by the Appellant against the  respondents 1 to 3 for offences under sections 379, 406, 411, 504 and 506  IPC. For this purpose, the High Court has relied on the documents brought  on record by the respondents 1 to 3 and assumed them to be genuine. The  High Court has also opined that the dispute between the parties is of a civil  nature and the criminal complaint was filed on account of mala fides of the  Appellant.  

3.      The Appellant submitted that the police on investigation found that  the accused had committed the offences and had filed a charge-sheet against  them.

4.      We have perused the judgment passed by the learned Single Judge  and find that no reason has been for arriving at a conclusion that the claim of  the Appellant was of civil nature and complaint was motivated by mala  fides.           

5.      We, therefore, set aside the judgment passed by the learned Single  Judge and request the High Court to reconsider the Criminal Miscellaneous  Case No.422 of 2003 and pass fresh order in accordance with law. The  appeal is disposed of accordingly.