NEERJA GOSWAMI Vs. HARBANS LAL

JUDGEMENT

(1.) The Petitioner is aggrieved with order of Learned Special Excise Mobile Magistrate, Jammu dated 22nd December, 2008, whereby Learned Magistrate has taken cognizance of offences punishable under Section 420, 120 B RPC, upon a complaint filed by the Respondent herein and issued process against the Petitioner. The Petitioner invoking inherent powers of this Court under Section 561-A Code of Criminal Procedure seeks quashment of the order of Trial Magistrate dated 22nd December, 2008, on the grounds that the Petitioner has been wrongly shown in the complaint as Chief Executive Officer of the RAN AIR SERVICES accused No. 1 (for short Company), whereas the Petitioner was only an employee of the Company. It is pleaded that the Respondent/complainant probably having interacted with the Chief Executive Officer of the Company has filed complaint against the Petitioner under the mistaken belief that the Petitioner was Chief Executive Officer of the Company; that the Petitioner has been arrayed as an accused only to harass the Petitioner and drag the Petitioner - a resident of Delhi to Jammu. It is averred that the Respondent/complainant having on his own showing made a payment to the Company after he made a settlement with the accused No. 3, had no reason to array the Petitioner as accused in the complaint. It is urged that the complaint does not reveal commission of any offence and that mere mention of words ''inducement/deception'' in the complaint ought not to have led the Learned Trial Magistrate to take cognizance of offences punishable under Section 420, 120B RPC. It is insisted that the dispute raised in the complaint is of pure civil nature and that the Respondent/complainant cannot be permitted to set in motion ''criminal machinery'' to see his grievances set right. The order impugned, according to the Petitioner, amounts to the abuse of process of Court.

(2.) Heard and considered.

(3.) In order to understand the case set up by the Petitioner in right perspective, it would be appropriate to take an overview of allegations set out in the complaint.