SONALI VERMA Vs. RANBIR SHARMA

JUDGEMENT

(1.) By this petition under Section 482, Cr.P.C., petitioner seeks quashing of the order dated l7.12.1998 passed by Smt. Renu Bhatnagar,M.M., New Delhi directing issue of process against her.

(2.) Briefly stated, facts giving rise to this petition are that the respondent No. 1 filed a complaint under Sections 406/420/120-B/506/499, Indian Penal Code against the petitioner and others on the allegations that on 7.2.1998, he purchased a Speed Sim Card' from M/s. Setterling Cellular Ltd. for his cellular phone; that on 8.2.1998, he misplaced the said cellular phone containing the sim card, and that on 9.3.1998, he approached the petitioner to issue a fresh sim card after deducting the used amount of the sim card lost by him. .As per the prosecution case, the petitioner not only declined to issue the fresh sim card but threatened him with dire consequence. On the complaint being filed, the learned Magistrate took cognizance of. the offences under Sections 406/506/34, Indian Penal Code and issued process against the petitioner and the other persons arraigned as accused. Aggrieved thereby, the petitioner has come up before this Court under Section 482, Cr.P.C.

(3.) Assailing validity of the impugned order, learned Counsel for the petitioner contended that the averments made in the complaint do not constitute any offence against the petitioner and the learned Magistrate has committed a manifest illegality in taking cognizance of the offences under Sections 406/506/34, IPC. In M/s. Pepsi Foods Ltd. v. Special Judicial Magistrate, AIR 1988 SC 128 it was held that: "Summoning of an accused in a criminal case is a serious matter. Criminal Law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of allegations made in 'the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused."