KRISHAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Nobody has given appearance on behalf of respondent No. 2 and he is proceeded against ex parte.

(2.) After hearing the learned counsel for the parties, this Court is of the opinion that there is a misuse of power on behalf of the State when it registered a case against the petitioner under section 406, I.P.C., and in the opinion of this Court the dispute between the petitioner and respondent No. 2 is primarily of civil nature. In the partnership assets, the petitioner had also interest though it is disputed by respondent No. 2 that the petitioner invested any amount in the partnership firm. Nevertheless if respondent No. 2 has any grievance against the petitioner, the only and the best remedy for respondent No. 2 was to file a suit for dissolution of partnership and rendition of accounts. The case for filing of the complaint under Section 406, I.P.C., prima facie was not made out as the element of entrustment is totally missing in this case. In this view of the matter, the first guideline given in the famous case reported as State of Haryana and others. v. Ch. Bhajan Lal and others, 1992 AIR(SC) 604, is applicable. Even if the allegations are taken on their face value, they do not make out any prima facie offence. The lodging of the F.I.R. was an abuse of the process of law and in these circumstances, it has become a fit case for this court to invoke its powers under Section 482, Cr. P.C.

(3.) Resultantly, present petition is allowed. F.I.R. No. 255 dated 29.11.1995 registered at Police Station, Jhajjar (Annexure P3) is hereby quashed.