HIMASHU CHANDOLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., 1973 seek to quash the order dated 05.09.2013, passed in Misc. Criminal Case No. 64 of 2013, instituted under Section 156(3) Cr.P.C., 1973 Himashu Chandola v. Gurcharan Singh and others, passed by learned Judicial Magistrate, Udham Singh Nagar as well as the order dated 18.12.2013 passed by learned Sessions Judge, Udham Singh Nagar in Criminal Revision No. 346 of 2013, Himanshu Chandola v. State and others.

(2.) The petitioner-complainant field an application under Section 156(3) Cr.P.C., 1973 against respondents no. 2 and 3 for registering the first information report and investigating the cognizable offences. Such an application was dismissed by learned Judicial Magistrate, Udham Singh Nagar vide order dated 05.09.2013 holding that the dispute is essentially civil in nature and, therefore, no cognizable offence is made out against the accused persons.

(3.) Aggrieved against the same, a criminal revision was preferred by the complainant. Such criminal revision was dismissed by reiterating the same that the dispute is civil in nature and the complainant can file a civil suit for recovery of money before the civil court. Aggrieved against the order dated 08.12.2013 passed by the Revisional Court, the complainant has filed present petition under Section 482 Cr.P.C., 1973