SATISH KHOSLA Vs. PURAN CHAND

JUDGEMENT

(1.) THROUGH the medium of petition in hand under Section 561 -A Cr. P.C. the petitioners have sought quashment of the proceedings and process issued against them in complaint titled as "Puran Chand Vs. Satish Khosla and Ors" pending decision before the learned Judicial Magistrate (1st Addl. Munsiff) Srinagar. It is inter alia maintained in the petition that petitioner accused No. 2 the Prop, of M/s Charag Deep Pictures Mandi road Jalandhar and the petitioners 2 & 3 are his son and grand son respectively.

(2.) THAT no offence is made out from the averments of the complaint and that the trial court has issued the process against the petitioners -accused without considering the fact as to whether there is a prima facie case made out against them. That the complainant has no locus standi to institute the complaint. That the process of Criminal Court cannot be misused for the settlement of a civil dispute.

(3.) IT appears that the complaint for offences punishable under Section 120 -B, 406, 420 and 506 R.P.C. came to be transferred to learned Judicial Magistrate (1st Addl. Munsiff) Srinagar for disposal under law. The averments of the complaint in brief are that the complainant is an agent of Broadway Cinema, Srinagar, who is empowered and authorised to select and book the feature films to be screened in the said Cinema Hall. That the accused -petitioners herein are the partners of Film Distribution Company, namely, M/s Charag Deep Pictures, having its Head Office at Mandi Road, Jalandhar. The accused -petitioner No. 3 Rahul Khosla, besides being partner of the Company, is also authorised representative of this Company to do deals with the Cinema owners/their agents and also to receive the payments on behalf of the Company and other partners. That on 05 -01 -2001 the petitioner -accused No. 3 on his own behalf and on behalf of the remaining petitioners met the complainant at Broadway Cinema, Srinagar, negotiated with the complainant in connection with the supply of two Hindi Feature Films namely, "Paap -Ki -Duniya" and "Shoola -Aur -Shabnam" and after settling all the terms and conditions asked the complainant to pay an amount of Rs. 25,000/ - to him as security deposit and promised to provide the print of said feature films i.e. "Paap -Ki -Duniya" in the first week of March, 2001 and "Shoola Aur Shabnam" in the second week of March, 2001. That despite receiving the payment of Rs. 25,000/ - from the complainant, the accused -petitioners did not despatch the film prints of the said feature films. That actually the accused persons -petitioners had entered into criminal conspiracy to cheat and misappropriate the amount given to them by the complainant -respondent. That when the accused persons/petitioners failed to fulfils their promise, the complainant demanded the money amounting to Rs. 25,000/ - back but they categorically refused to return the same. On presentation of the complaint before the learned Magistrate, he recorded the statements of the complainant and of one Siya Ram and by virtue of his order dated: 04 -03 -2001 after recording the satisfaction that a prima facie offences, punishable under Sections 120 -B, 406 and 506 RPC is made out against the accused -petitioners, passed an order for issuance of bailable warrants in the amount of Rs. 5,000/ - each against them.