NEHAL NAIK Vs. AHMEDABAD APPLIANCES PVT LTD

JUDGEMENT

(1.) Petitioner is the original accused. He seeks quashing of complaint Annexure A being Criminal Case No.293/03 alleging offence punishable under sections 405, 406, 419 and 420 of the Indian Penal Code. In the complaint it is stated that the petitioner had purchased certain air-conditioning machines from the complainant. One of the machines after more than one year of installation developed certain problems and cooling was not satisfactory. The petitioner thereupon informed the complainant who gave estimate of Rs.3500/-. The machine was then repaired and reinstalled. The complainant gave bill of Rs.11,000/- which the petitioner was prepared to pay, but later on did not turn up and pay the said amount. This is the sum and substance of the allegations against the petitioner.

(2.) I have heard the learned counsel for the petitioner and the learned APP for the State. Though served no one appears for the complainant.

(3.) On bare perusal of the complaint, it clearly emerges that the dispute if at all would be of pure civil nature. The complainant had carried out repair work of air-conditioner and raised bill for such work which the petitioner did not pay. It is the case of the petitioner that initial estimate was only Rs.3500/- and therefore there is no basis thereafter to raise the bill of Rs.11,000/-. The petitioner was thus within his right to refuse to pay the bill. Be that as it may. I am of the clear opinion that the complainant should have resorted to civil remedies for recovery of the unpaid bills but not criminal complaint which would amount to pressurizing tactics.