VIJAY SINGH AND OTHERS Vs. H K JAISWAL

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of complaint No. 275 of 2005 titled as "Sh.H.K.Jaiswal vs Sh.Vijay Singh etc." (Annexure P1) and summoning order dated 07.05.2008 (Annexure P5) along with all subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners has submitted that the dispute between the parties was purely civil in nature. Respondent, if aggrieved, could have claimed damages by filing a civil suit but continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of law.

(3.) Learned counsel for the respondent,on other hand, has opposed the petition and has submitted that although huge amount of money has been taken by the petitioners for supplying unique semi-auto feeding and feed lifting and distribution and egg collection system in the poultry farm run by the respondent yet the needful has not been done.