SHASHIKANT Vs. A.K. SHARMA

JUDGEMENT

(1.) IN this petition under section 482 of the Code of Criminal Procedure, 1973 (for short, the Code), Shashi Kant has sought quashing of the criminal complaint filed by A.K. Sharma, respondent No. 1 against the petitioner and others for the offences under Sections 181/193/467/468/471 and 120B Indian Penal Code, pending in the Court of Sh. Harjit Singh, Sub-Divisional Judicial Magistrate, Fazilka.

(2.) WITHOUT going into the details of the complaint, in substance the allegations therein amount to this : that a registered firm M/s Bihari Lal Bhupinder Rai, Abohar Mandi, through Bhupinder Rai and the petitioner, being partners of the said firm filed a suit in the Court of Sh. K.S, Bhullar, Sub-Judge 1st Class, Fazilka against Aaidan for the recovery of Rs. 19,900/-, being the amount due from Aaidan as the amount advanced by the said firm to him through a pronote and its receipt dated 28.8.1976 and the interest thereon. The learned Sub-Judge while dismissing the suit held that the defendant Aidan had to pay Rs. 15,000/- as loan to the petitioner's firm but the same was not recoverable being barred by limitation. He however, observed as under on November 20, 1980 :

(3.) IN pursuance of the aforesaid order, copies of the complaint etc. were supplied to the petitioner and others.