JAGDISH CHANDER Vs. DHARAM CHAND SACHDEVA

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.28/12 dated 28.1.2010 titled Dharam Chand vs. Jagdish Chander etc. (Annexure P-1) and summoning order dated 5.9.2012 (Annexure P-2), whereby petitioner has been summoned to face the trial under Sections 420/ 406 of the Indian Penal Code, 1860 (IPC for short) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the dispute, if any, between the parties was purely civil in nature. As per the complainant, some loan had been advanced by him to the petitioner and petitioner had failed to repay the loan. In this regard, respondent has already filed a civil suit for recovery of the amount in question and the said suit is pending. The matter was duly inquired by the police and no action was taken on the complaint filed by the respondent as the dispute between the parties was purely civil in nature. Respondent had failed to establish his pleas qua the offence punishable under Sections 323, 504, 506, 342, 392 IPC. However, the trial Court had erred in summoning the petitioner to face the trial under Sections 420, 406 IPC.

(3.) After hearing learned counsel for the petitioner and the respondent in person, I am of the opinion that the present petition deserves to be allowed.