BINDU KUMAR Vs. SHRIKANT SHIVAJIRAO PATIL

JUDGEMENT

(1.) HEARD Mr.Khanna, learned counsel for the petitioners.

(2.) THIS petition is preferred under Section 482 of the Criminal Procedure Code and under Article 227 of the Constitution of India, challenging the process issued against the present petitioners in Case No.278 of 1989 by the learned Chief Judicial Magistrate, Kolhapur, disclosing the offence punishable under Section 420 read with Section 34 of I.P.C.

(3.) HAVING gone through the complaint, it appears that it is purely a civil dispute between the parties and no criminal act as alleged in the complaint appears to be found in it and the averments in the complaint runs into 8 pages in which not a single word or an act found constituting any offence particularly, offence punishable under Section 420 read with section 34 of I.P.C. but it appears that under pressure, the respondent-complainant wants to settle the account by initiating criminal proceedings against the present petitioners and the company. In view of this, this is a fit case where this Court can exercise its inherent power under Section 482 of Criminal Procedure Code.