NARENDRA KUMAR ARORA Vs. N BALACHANDRA KURUP

JUDGEMENT

(1.) THE petitioners herein have approached this Court by way of filing this Criminal Writ Petition, being aggrieved by the order of issuance of process in Criminal Complaint No. 321/s/94 passed by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay, for offences punishable under sections 420 and 406 read with section 114 of the Indian Penal Code.

(2.) I have heard Mr. Malpathak, appearing for the petitioners/original accused, so also, Mr. Salvi, the learned A. P. P. for respondent No. 2/state. Respondent No. 1/original complainant is absent though served. I have also perused the complaint dated 29th July, 1994, which is the foundation of these proceedings.

(3.) AFTER perusing the complaint, it is revealed that the complaint is with respect to the alleged unpaid amount of the Advocates fee, namely, respondent No. 1 advocate Mr. Kurup, allegedly by the petitioners, for whom, according to the complaint, some legal professional work was done by respondent No. 1. Original accused No. 1 is the All India Organising Secretary of Dayanand Anglo Vedic College Trust and Management Society, while original accused No. 2 is the Regional Director of the Society for the States of Maharashtra and Gujarat State and is in charge of all the educational institutions belonging to the society in these two States. Original Accused No. 3 is the Principal of the Lokpuram D. A. V. Public School situated at Pokhran Road No. 2, Thane, and the original accused No. 4 is the Principal of Lok Gram D. A. V. Public School, situated at Lokgram, Kalyan (East ). The case of the complainant, as revealed from the complaint, is that respondent No. 1, did some professional work for the accused, in pursuance to their request. But that, though some amount was paid by them to the complainant, some more amount is still payable, and hence, the complaint under sections 420 and 406 read with sections 114 and 120-B of the Indian Penal Code.