AMIT MADAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, CRM-M-43447-2016, CRM-M-1310-2017 and CRM-M-1445-2017 shall stand disposed of.

(2.) It is apparent that criminal prosecution has been launched in total abuse of the process of law. First informant claims that he runs an organization namely 'Om Namaha Shivae Sewa Mandal(Regd.), 1, New Vijay Nagar, Jalandhar, mobilizes funds from different devotees with the object to promote, facilitate, organize, finance and maintain Yatra of Holy Cave of Lord Shiva Baba Amar Nath Ji. With the further objective to establish, organize, finance or provide free meals, tents, medical camps, water supply, boarding, etc. for the pilgrims to various pilgrimage (Yatra).

(3.) It is claimed that first informant engaged 'On Dot Courier' for sending intimations to different followers. 22300 letters containing brochures and compact discs were delivered to the company for onward transmission to the devotees. For that purpose, @ 9/- per courier/envelope an amount of Rs.2,00,700/- was paid. It has been alleged that courier agency had returned 4853 letters on the pretext that they have no service to the places where 4853 addressees reside. Out of the said letters sent, complainant has knowledge that 14283 letters have neither been delivered nor returned. A notice was sent but the company did not reply and therefore, first informant has suffered a loss of Rs.2.5 crores. At this stage, it may be noticed that the first informant before lodging the FIR had sent a notice through his counsel which was addressed to the company and in the notice, following demand was made:- "Now, therefore, I by means of this legal notice call upon you noticees to make good the loss suffered by my client due to the negligence, unfair trade practice and deficiency in service on part of you noticees within 7 days from the receipt of this legal notice, failing which my client shall be constrained to seek his redressal from the court of competent jurisdiction and in that event you noticee shall be liable to pay the costs of such litigation and the charges incidental thereto."?