BHAGWANDIN Vs. JANAKLAL

JUDGEMENT

(1.) This is an application filed Under Section 561-A, Code of Criminal Procedure for quashing the proceedings pending in the court of the City Magistrate, Kanpur.

(2.) The facts out of which this application arises are that the opposite party Janak Lal borrowed a sum of Rs. 3000/- on the 16-7-1952 against two hundis, one for Rs. 1600/-and the other for Rs. 1400/- respectively. He further borrowed on the 1st December 1952 a sum of Rs. 3,000/- against another hundi for the said amount. These hundis were all executed in favour of Smt. Junia wife of the present applicant. It was alleged that when demand was made from the opposite party he neither paid the interest nor the principal, and thereafter the three hundis were protested by the Notary Public for the recovery of the sum so paid by Smt. Junia and a suit, No. 1602 of 1954, is pending in the court of the City Munsif, Kanpur. Soon after the suit was filed, it is alleged, as a counter blast, Janak Lal filed a criminal complaint against the applicant Under Sections 406 and 420, I.P.C.

(3.) The complaint was filed on the allegations that the amount of the two hundis, Rs. 3000/- was paid by executing the other hundi for Rs. 2000/-, and paying the balance in cash to the applicant and the second hundi of Rs. 2000/- had also been paid later on to the applicant, but the applicant did not credit these amounts and retained the khokhas, i.e., the discharged hundis, and thereby committed an offence by filing the aforementioned suit against Janak Lal upon the basis of the hundis which had already been repaid. The aforesaid complaint was transferred to the court of Shri Ramanuj, Magistrate 1st Clast Kanpur and is pending there.