ASHOK VERMA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS petition relates to quashment of First Information Report No. 316 dated 26th December, 1988, registered at Police Station East, Chandigarh against the petitioner under section 420 of Indian Penal Code, and the consequent proceeding arising therefrom.

(2.) ACCORDING to the averments in the petition, the petitioner gave is tender for the supply of 1,59,175 metres of woollen, cloth as per, specification mentioned in the Tender Notice, to respondent No. 2. The cloth was, purchased by the petitioner from M/s. Oswal Woollen Mills Ltd Ludhiana and was duly supplied to respondent No. 2 who had already inspected the said material at the premises of M/s. Oswal Woollen Mills Ltd. Ludhiana and was found as per specification. It is further pleaded that the cloth was lifted by the respondent as the same was found to be of good quality. Payment equivalent to 90%, of the price was made and the balance 10% was released by respondent No. 2 vide letter dated 10th July, 1987 (Annexure P7). It was further pleaded that there was some dispute between the workers union and the management of respondent No. 2 as a result of which the workers's union refused to accept the cloth from M/s. Oswal Woollen Mills Ltd. through the petitioner on the ground that there were variations in the shade of the cloth supplied. Respondent No. 2 asked the petitioner to replace 858.20 metres of cloth found defective. As a posture of goodwill, the petitioner agreed to replace the cloth. However, the replacement could not be made as M/s. Oswal Woollen Mills Ltd. could not plan the production of this particular type of cloth at that time, because there was a heavy rush of Defence orders with the Mill. It was next pleaded that the impugned first information report lodged in this case by respondent No. 2 is illegal, arbitrary, and amounts to abuse of process of law and that the dispute between the parties is purely of a civil nature.

(3.) COUNSEL , for the parties stated at the Bar that the dispute regarding the return and the payment of the cloth has been finally settled between them, Even otherwise, the dispute is, purely of a civil nature, and the impugned FIR is liable to be quashed.