S.K. PAHWA Vs. MANOJ KUMAR

JUDGEMENT

(1.) Petitioner is a Director of M/s Pahwa International Private Limited and he has been summoned as an accused vide impugned order of 8th August, 2005, in a criminal complaint No. 1208/2001, titled as Manoj Kumar v/s. S.K. Pahwa for the offence under Sec. 506 of the Indian Penal Code (hereinafter referred to as the 'IPC').

(2.) Petitioner claims to be a senior citizen and a person of high repute, having high esteem in business circles and is said to be the pioneer of Pahwa Group of Companies. The allegations against the petitioner in the aforesaid complaint are that respondent/complainant company - M/s Cyber Power (I) Limited had supplied diesel generator sets to petitioner's company, i.e. M/s Pahwa International Private Limited and as per the terms and conditions specified, ninety per cent of the value of these four diesel generator sets were paid by the petitioner's company to the respondent/complainant company. However, the balance payment of ten per cent was not released because the sub -standard parts of the diesel generator sets were not replaced. This led the filing of criminal complaint under Ss. 406/420/506/120 -B of the IPC by the respondent/ complainant.

(3.) Respondent/complainant alongwith the aforesaid complaint, had filed an application under Sec. 156(3) of the Cr.P.C. and the trial court called for a report on this application and as per report, Annexure P -2, the local police informed the trial court that no FIR has been registered on respondent's complaint as the subject matter of the complaint is a civil dispute. The trial court, upon perusal of the aforesaid Report, Annexure P -2 of the local police, vide order of 16th August, 2004, directed the respondent/ complainant to lead evidence and accordingly respondent/ complainant deposed before the trial court and copy of his deposition has been placed on record as Annexure P -3. Thereafter, the trial court vide impugned order of 8th August, 2005, Annexure P -4, has chosen to summon the petitioner for the offence under Sec. 506 of the IPC and not for the offences under Sec. 406/420 of the IPC.