DHARAM PAL Vs. MEHAR SINGH

JUDGEMENT

(1.) MEHAR Singh resident of village Bawani Khera, Tehsil Thanesar, District Kurukshetra instituted a complaint under Sections 405, 406, 407, 504 and 506 of the Indian Penal Code against Dharam Pal, proprietor of M/s Paras Cold Storage and Ice Factory, Jhansa Road, Kurukshetra alleging that 60 bags of potatoes were deposited on 14.3.1986 and these were returnable by the accused. upto 31.10.1986 whereas the accused has returned only 21 bags and misappropriated the remaining 39 bags. After recording the statement of the complainant, Shri M. L Sharma, Chief Judicial Magistrate, Kurukshetra passed a summoning order on 11.5.1987. Aggrieved against it the present petition has been moved under section 482 of Code of Criminal Procedure. It has been alleged in the present petition that Mehar Singh, complainant received 21 bags from the Manager of M/s Paras Cold Storage and Ice Factory on 9.10.1986 and remaining 39 bags on 30-10-1986; the cold storage is owned and managed by, the partners registered under the Partnership Act and Shri Yog Dhian Sharma. is working as its Manager; the dispute was regarding the rent in respect of facility of cold storage availed by the complainant which Mehar Singh has never paid and a Civil suit inter-se the parties is pending.

(2.) DURING the course of arguments, that learned counsel for the petitioner has drawn attention to the civil suit instituted by Mehar Singh, complainant against M/s Paras Cold Storage and Ice Factory, Jhansa Road, Thanesar as well regarding rendition of account that the proprietor of Cold Storage and Ice Factory should also be competent to adjust Rs. 1200/- which as the amount of rent recoverable from him. Besides this, the firm M/s Paras Cold Storage and Ice factory. Thanesar has instituted civil suit No. 190 of 1987 wherein they have claimed the amount of rent and have also alleged that a sum of Rs. 2500 was obtained by this agriculturist as a loan from the proprietor of Cold Storage and Ice Factory. Where two suits interest the parties are pending regarding the same dispute which partains to the storage of the potato bags and the amount of rent payable etc., it shall be an abuse of the process of the Court to proceed with the private complaint instituted by Mehar Singh. The learned counsel for the respondents could not meet all these pleas.