PALAIAH O. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Respondent No.2 had filed a private complaint under Sec. 200 of Criminal Procedure Code alleging that, he had undertaken seventeen civil works including ten works in Kadur and Birur Division and inspite of several requests, the petitioners herein refused to make payment with an intention to cheat him.

(2.) Learned Magistrate referred the complaint to the police for investigation under Sec. 156 of Cr.P.C. The police registered FIR for the offence punishable under Ss. 418, 419 and 420 of the IPC taking exception this petition is filed.

(3.) Learned counsel for the petitioner submits that the dispute between the parties with regard to the alleged non-payment of money towards execution of work is purely civil in nature. However, a private complaint was filed by respondent No.2 to pressurize the accused herein to arrive at a settlement. Hence, the continuation of investigation would be an abuse of process of law.