SURESH SHARMA Vs. NAWAL JHABOO LAL JAM

JUDGEMENT

(1.) This petition is filed for quashing the proceedings initiated by the Respondent No.1. The Respondent No.1 filed a complaint dated 7-2-1983 III Court, Ahmedabad. The respondent No.1 original complainant alleged that he is a cloth merchant and the accused purchased cloth worth Rs. 57,511 from his shop, and the payment thereof was not made fraudulantly till the date of filing of the complaint. In the complaint, no specific date is given, but it bas been mentioned that the cloth was purchased sometime in the first week of February; 1982. While a complaint is filed after about a year on 9-2-1983. Before issuing the process, the learned Magistrate examined the complainant on oath. The complainant has stated to the effect that the accused had come to his shop on February 1, 1982 and had purchased the goods worth Rs.-71511 stating that the amount will be sent within two to four days. However, till today the amount has not been received and hence cheating. If one reads the statement made on oath and the averments in the complaint, it is very clear that the transaction alleged is that of civil nature. The offence of cheating is not at all disclosed. The learned Magistrate should have been cautions before issuing the process and before directing to issue the bailable warrant. In this connection, the learned Magistrate should have been aware of the decision of this Court in the case of P. K. Dasgupta and others v. Jayanthlal and others, XXIV G.L.R.. 941. In such matters, the lower courts should be much more cautious and circumspect should not encourage the tendency on the part of the litigants to resort to a short cut of criminal prosecutions.

(2.) In above view of the matter, the proceedings of Criminal Case No. 334 of 1983 of the Court of the learned Metropolitan Magistrate, Court No. III, Ahmedabad, are required to be quashed and ordered to be dropped and they are hereby quashed and ordered to be dropped. Rule made absolute to the aforesaid extent.