JAYACHANDRAN T. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as the learned counsel for the State-respondents. No one appears on behalf of respondent No.3.

(2.) By this application, under Art. 226 of the Constitution of India, the petitioner has sought for quashing of the F.I.R. of Murliganj Police Station Case No.57 of 2015, pending in the Court of Chief Judicial Magistrate, Madhepura, inter alia on the ground that the F.I.R. discloses no offence; rather the matter is purely of civil dispute, therefore, criminal prosecution of the petitioner would be an abuse of the process of the court.

(3.) The respondent No.3 had filed Murliganj Police Station Case No.57 of 2015, under Sections 406/419/420 of the Indian Penal Code, against the petitioner and others stating therein that respondent No.3 is owner of the petrol pump named M/s. Motilal Ramswarup at Murliganj. Co-accused S.N. Singh, Managing Director of HACS Security Services and Infra-Tel Private Limited, introduced to the informant that he is vendor of M/s. American Town Company and his main business is to provide diesel in the generator sets installed at mobile towers. On his persuasion the informant agreed to supply diesel from his petrol pump and S.N. Singh assured him for payment of the cost of diesel through petro-card. During business transaction some of the payments of supplied diesel were received by the informant. However, after four days, the petro-card was disabled and payment stopped. Thereafter, the informant repeatedly requested the said S.N. Singh and American Tower Company, but they evaded the payment. Even no reply/satisfactory reply was received in pursuance of legal notice sent to the accused persons.