MD ABDUL SALAM Vs. MD JIFLUL HAQUE

JUDGEMENT

(1.) This is a [petition filed under Section 482/397 of the Criminal Procedure Code, 19T3 for quashing the proceedings in C.R. Case No. 929/94 pending in the Court of the Chief Judicial Magistrate, Mangaldoi, Darrang as well as the order dated 6-6-94 passed by the said Court in the said case.

(2.) The facts briefly are that the opposite party filed a complaint dated 6-6-94 in the Court of the Chief Judicial Magistrate, Mangaldoi, against the petitioner. In the said complaint, the opposite party stated that the petitioner owned a 1ms bearing No. AMZ 6858 but could not pay the dues of the financer of the bus and approached the opposite party and by an agreement dated 23-9-91 the opposite party agreed to buy the bus at a consideration of Rs. 2,65,000/-. In the said agreement it was stipulated that after payment of the instalments by the opposite party to the financer, the petitioner will transfer the bus in favour of the opposite party. Pursuant to the agreement, on 23-9-91, the petitioner handed over the bus to the opposite party, and thereafter the opposite party started playing the bus. In January, 1993, However, the petitioner made an offer to the opposite party to ply the bus on hire for an amount of Rs. 12,000/- per month. Since the opposite party was engaged with other business, he accepted the proposal and allowed the petitioner to ply the bus. The petitioner regularly paid the hire charges for a period of 6 (six) months, but thereafter did not pay the same regularly on the plea that he was suffering a loss and it was difficult to pay the same. In the meanwhile, the opposite party paid all the instalments of the financer and requested the petitioner to transfer the bus but the petitioner did not pay any heed to the said request and the opposite party has come to know that the petitioner has sold the bus to the accused No. 2. After receipt of the said complaint and after examining the complainant, the learned Chief Judicial Magistrate, Mangaldoi found a prima-facie case under Section 406/420 of the Indian Penal Code against the petitioner and by order dated 6-6-94 took cognigance of the complaint and issued warrant of arrest with bail of Rs. 1,000/- against the petitioner fixing the case to 2-7-94 for appearance. By the said order, the learned Chief Judicial Magistrate has also directed the officer- in-charge, Dhula, Police Station to seize the bus and keep the same in the Police Station until further orders. It is this proceeding in C.R. Case No. 929/ 94 before the learned Chief Judicial Magistrate, Mangaldoi and the aforesaid order dated 6-6-94 passed by the Chief Judicial Magistrate, Mangaldoi which have been challenged in this Criminal Revision.

(3.) At the hearing Mr. N.S. Deka, learned counsel for the petitioner, submitted that the dispute between the parties relating to the bus was of a civil nature and the remedy of the opposite party was by way of civil suit and not a criminal proceeding. Hence, this Court in exercise of its powers under Section 482 of Criminal Procedure Code, 1973 ought to quash the criminal proceeding before the Chief Judicial Magistrate as well as the impugned order dated 6-6-94 passed by him in C.R. Case No. 929/94. In support of his submission, Mr. Deka relied on the judgments of the Apex Court in the case of Trilok Singh & Ors.-Vs-Satya Deo, AIR 1979 SC 850, Madhavrao Jiwaji Rao Scindia-Vs-Sambhajirao Chandrqjiraw Angre, AIR 1988 SC 709 and Superintendent & Remembrancer of Legal Affairs, West Bengal-Vs-Mohan Singh and Ors. (1975) 3 SCC 706.