SUBASH GUPTA Vs. ASHUTOSH SAWHNEY

JUDGEMENT

(1.) Leave granted.

(2.) We do not think that the respondent - complainant can successfully prosecute the complaint as the dispute is entirely of a civil nature. At the worst it is case of breach of contract. Hence, it is an exercise in futility to allow the complainant to complete the trial in the criminal Court. Learned counsel for the complainant also submitted that he has no grievance if the complaint is quashed, particularly, when the appellant has deposited the advance amount in the trial Court pursuant to the suggestion made by us. We, therefore, quash the criminal complaint and all the proceedings taken pursuant thereto. We permit the complainant-respondent to withdraw the said amount. If he feels that he has to get further amount from the appellant-accused it is open to him to raise any such claim in the civil Court. Disposal of this case would be without prejudice to any such right of the respondent.

(3.) This appeal is disposed of accordingly.