GHULAM MOHAMMAD NAIKOO Vs. ABDUL QAYOOM WANI

JUDGEMENT

(1.) The petitioner has challenged order dtd. 11/5/2017 passed by Judicial Magistrate, 1st Class, Kulgam, whereby criminal complaint filed by the petitioner against the respondent has been dismissed without issuing process against the respondent.

(2.) . It appears that the petitioner had filed a criminal complaint against the respondent alleging commission of offences under Sec. 420 and 506 RPC. In the complaint, it was alleged that in April, 2015, the respondent/accused approached the petitioner/complainant and offered to purchase bus bearing No.JK03-1349, owned by the petitioner. It is averred that the sale consideration of the bus was fixed as Rs.5.00 lacs and the respondent paid an amount of Rs.5000.00 in cash to the petitioner. It is further averred that the respondent issued two cheques, one amounting to Rs.1.00 lac and another amounting to Rs.1.50 lacs in favour of the petitioner and promised to liquidate the balance consideration amount of Rs.2.45 lacs within a period of two months. Accordingly, the petitioner delivered possession of the vehicle to the respondent. It is further averred that the cheque for an amount of Rs.1.00 lac was encashed by the petitioner, but the other cheque for an amount of Rs.1.50 lacs was returned unpaid. The petitioner is stated to have approached the respondent to liquidate the balance amount of sale consideration but the respondent kept on making false promises and did not liquidate the balance amount and instead extended threats to the petitioner. It is alleged in the complaint that the respondent, with a dishonest intention, has cheated the petitioner and has deprived him of the vehicle in question, without paying the balance amount of sale consideration. Thus, it is alleged that the respondent has committed the offence of cheating.

(3.) The learned trial Magistrate recorded the preliminary statement of the petitioner and his witness in which the allegations made in the complaint were reiterated by them. Thereafter vide order dtd. 16/3/2017, the learned trial Magistrate, after taking cognizance of the case, deferred the issuance of process against the respondent and directed SHO, P/S, Kulgam, to conduct investigation under Sec. 202 of the Cr. P. C. It seems that this order came to be challenged by the respondents by filing a petition under Sec. 561-A of J&K Cr. P. C bearing No.50/2017 before this Court. The said petition was disposed of by this Court with a direction to the learned Magistrate to consider the application, if any, filed by the petitioner (respondent herein) for dropping of the proceedings and to pass appropriate orders on the strength of the claim made in the application with supportive material.