KRISHNA SIKAND Vs. GH MOHD JAN

JUDGEMENT

(1.) THE respondent is a partner of M/s Jan Khan and Co. a firm dealing in manufacturing and sale of Papier Machie goods. Petitioner No. 1 is the proprietor of Tipperah Transcontinental, a firm dealing in export business of Indian Handicrafts. Petitioner No 2 Assists petitioner No. 1 in the said business. The respondent filed a complaint against the petitioners for an offence under section 420 RPC in the court of J.M.I,C.(Judge Small causes court) Srinagar. According to the allegation made in the complaint, goods worth Rs. 10299/ - were sent to the petitioners on their instruction and orders by the respondent the petitioners adopted deceitful tactics and avoided to make payment to the complainant. The petitioners, it is further alleged, issued a cheque for Rs. 5000/ -, as part payment against the outstanding amount but the cheque was dis -honoured by the Bank on presentation. The complainant approached the petitioners several times for the outstanding payments but the payment was not made despite service of registered notice. According to the complainant, the dilatory tactics adopted by the petitioners in the matter of payment was because of dishonest intention and deception In support of the complaint, the statement of the complainant was recorded. The learned judicial Magistrate, First class, took cognizance of the offence and issued process against the petitioners. The petitioners have come; up to this court by this application under section 561 -A Cr. P. C. seeking quashing of the complaint and the proceedings pending against them.

(2.) I have heard Mr. A.D Singh, learned counsel for the petitioners, and M/s H G. Hassan and 1 Hussain, learned counsel for the respondents.

(3.) ACCORDING to Mr. A D. Singh learned counsel for the petitioners, the dispute between the parties is of a civil nature and resort to criminal proceedings is an abuse of the process of the court It is urged that no offence under section 420 RPC can be spelt out from the complaint and that the proceedings have been initiated against the petitioners only with a view to harass the two ladies who are residents of New Delhi to coerce them to make certain payments