VINAY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN view of the order dated 21.11.2002 passed in Cr. Misc. No. 11453 of 2002, both the cases have been heard together.

(2.) IN both the petitions, the petitioners have challenged the order dated 6.12.2001 passed by the learned Judicial Magistrate, Siwan in Complaint Case No. 1288 of 2001, by which cognizance has been taken of the offences under Section 323 and 406 I.P.C. against them.

(3.) IT is further submitted that there is a growing tendency in business circles to convert purely civil disputes into criminal cases on account of prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders /creditors. Similarly, the opposite party no. 2 has filed a complaint case against the petitioners for wrongful gain. In support of his contention, he has referred to paragraph 10 of a decision in the case of M/s Indian Oil Corporation vs. M/s NEPC India Ltd.& ors., reported in AIR 2006 SC 2780. In paragraph 10, the decision reported in 2000(2) SCC 636 has been quoted which reads as follows:- IT is to be seen if a matter, which is essentiallly of civil nature, has been given a cloak on criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this Section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice.