Supreme Court - Daily Orders
Amit Garg vs The State Of Uttar Pradesh on 13 January, 2023
Bench: Surya Kant, J.K. Maheshwari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.121 OF 2023
(Arising out of SLP(Crl.)No.6718 of 2022)
AMIT GARG … APPELLANT
Versus
THE STATE OF UTTAR PRADESH & ANR. … RESPONDENTS
O R D E R
1. Leave granted.
2. The appellant is aggrieved by the judgment and order
dated 29.03.2022 passed by the High Court of Judicature at
Allahabad whereby his petition under Section 482 Cr.P.C. for
quashing the entire proceedings of Criminal Case No.205 of 2011,
arising out of Case Crime No.2160 of 2009, under Section 420 IPC,
registered at Police Station Nai Mandi, District Muzaffar Nagar,
was dismissed.
3. The above-stated Criminal Case has been registered on the
complaint made by respondent No.2.
4. It appears from a perusal of the record that the
appellant was working as a Field Officer in M/s IndusInd Bank
Limited in its Branch at District Muzaffarnagar. He was also an
agent of New India Assurance Company. As an agent of the New India
Assurance Company, the appellant issued a cover note of the
insurance for a truck owned by respondent No.2 – complainant.
Signature Not Verified
The
Digitally signed by
satish kumar yadav
Date: 2023.01.17
said truck met with an accident, which gave rise to motor accident
18:19:06 IST
Reason:
claim by the injured – Inderjit Singh. When respondent No.2 -
2
complainant found that the appellant had failed to issue Insurance
Policy for the truck even after receiving the money, he filed the
complaint alleging that the appellant took the premium fraudulently
and failed to issue the insurance cover. The compensation amount
in the motor accident claim has since been paid by the New India
Assurance Company.
5. Since the New India Assurance Company has paid the
compensation and discharged the liability and the complainant,
thereafter, is no longer interested to pursue the case, we are
satisfied that cause of administration of criminal justice will
hardly be served with the continuation of the criminal proceedings
registered against the appellant.
6. Consequently, the appeal is allowed; the impugned
judgment and order dated 29.03.2022, passed by the High Court of
Judicature at Allahabad, is set aside and as a sequel thereto,
Criminal Case No.205 of 2011 arising out of Case Crime No.2160 of
2009, under Section 420 IPC, registered at Police Station Nai
Mandi, District Muzaffar Nagar, and the subsequent proceedings
arising therefrom are hereby quashed.
7. As a result, pending interlocutory application also
stands disposed of.
.........................J.
(SURYA KANT)
..............…….........J.
(J.K. MAHESHWARI)
NEW DELHI;
JANUARY 13, 2023.
3
ITEM NO.27 COURT NO.9 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).6718/2022
(Arising out of impugned final judgment and order dated 29-03-2022
in A482 No.42346/2012 passed by the High Court of Judicature at
Allahabad)
AMIT GARG Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.100219/2022-EXEMPTION FROM FILING
O.T.)
Date : 13-01-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Mr. M. Yogesh Kanna, AOR
For Respondent(s) Mr. Vishwa Pal Singh, AOR
Ms. Vartika Singh, Adv.
Mr. Shubham Saxena, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order. As a result, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (KAMLESH RAWAT) DEPUTY REGISTRAR COURT MASTER (Signed order is placed on the file)