UNITED PHOSPHORUS LTD AND ANOTHER Vs. JOGINDER SINGH

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the complaint No. 397 dated 3.4.2005 (Annexure P1) under Sections 420, 425 ,406, 506, 323/34, 466, 467, 468, 470, 471, 409 of the Indian Penal Code, summoning order dated 03.8.2005 (Annexure P2) and order dated 03.9.2008 (Annexure P6) along with all subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners has submitted that a perusal of the complaint itself reveals that the dispute, if any, between the parties was purely civil in nature. In case, there was any deficiency in service by the appellant, the complainant could have resorted to civil remedy. In support of his arguments, learned counsel has placed reliance on State of Maharashtra vs. Sayed Mohammed Masood and another, 2010 1 RCR(Cri) 177 wherein it was held as under:-

(3.) Learned counsel has also placed reliance on Syngentra India Limited and others vs. State of Punjab and another, 2008 3 RCR(Cri) 253 wherein it was held as under:-