PALWINDER RAJ SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition section 482 Cr.P.C. for quashing of complaint dated 9.7.1998 (Annexure P-7) under Sections 391, 506, 148 and 149 Indian Penal Code pending in the court of the Judicial Magistrate Ist Class, Amritsar.

(2.) PARGAT Singh, respondent No. 2 took loan of Rs. 75,000/- from the petitioner and also executed the loan documents. The loan was required to be repaid in monthly instalments of Rs. 6300/- each. Respondent No. 2 had repaid Rs. 42,400/- and the balance amount was to be repaid. Petitioner sent various notices to respondent No. 2 for making payment of remaining amount of loan but he did not give reply to those notices.

(3.) AFTER hearing the counsel for the parties and perusing the record, I am of the opinion that this petition is to be dismissed on the score that order dated 2.12.1999 (copy at Annexure P-9) is a revisable order. When an alternative remedy is available to the petitioner to impugn the order, then petition under Section 482 Cr.P.C. is not maintainable. In this regard, reliance may be placed on the case titled Balabhadra Dash and another v. State of Orissa and others 1991 Crl. L.J. 2457 in which it has been held as under :-