NARESH GOHAIN Vs. NARENDRA IMPEX LTD

JUDGEMENT

(1.) BY this petition u/s. 482 Cr. P.C., the petitioners pray for quashing the Complaint Case No. 1556 (c)/95 as vexatious litigation filed with a view and intention to harass the petitioner. It is out and out a civil dispute and invoking the jurisdiction of the criminal court is an abuse of the process of the Court. It is a settled principle of law that in such cases the plausible and probable defence of an accused is not required to be taken into account. The allegations as made in complaint are to be taken on their face value as correct. Approaching the complaint as filed as Annexure-C to the petition from this angle, it is significant to note that the complainant as a company. M/s. Narendra Impex Ltd., has been incorporated under the Companies Act. 1956. The opening paragraph of the complaint reads as follows: That the Complainant is a Company incorporated as per Companies Act, 1956 and is dealing in the business of Motor Financiers and Commission Agents on Hire Purchase basis. It is an admitted position that the complainant is dealing in finance on hire purchase. Paragraph 2 of the complaint sets out the details of transaction between the parties. According to the complainant the accused have committed offences punishable u/ss. 406/420/422/506 read with Section 34 IPC. According to the complainant there was an outstanding due of Rs. 59,540.00 which also includes Rs. 8,000.00 as capital amount plus overdue interests and other charges as per agreement amounting to Rs. 51,540.00 as calculated upto 31st July, 1995 which the accused petitioners have failed to pay despite repeated request and reminders, instead have threatened the complainant with dire consequences when approached for payment on 22/7/1995, when he was not even allowed to inspect the vehicle and the relevant documents. On these allegations the complaint has been registered and cognizance taken and process issued. The Supreme Court in Trilok Singh v. Satyadeo Tripathi, dealing with the similar case has held as follows: