AMIR CHAND Vs. LOK NATH

JUDGEMENT

(1.) THIS is an application under Section 561a of the Criminal P. C. , submitted by one Amir Chand for quashing criminal proceedings pending against him in the Court of the Sub-Judge Magistrate Jammu, The complaint against him has been brought on the following facts:

(2.) THAT Amir Chand entered, into an agreement with the complainant Lok Nath who is a partner of Magotra and Kohji Forest Lessees whereby he stipulated to supply labour to the complainant. The allegation in the complaint further is that the accused made a false representation that he possessed means to supply labour and took Rs. 1000/- as an advance for this purpose. In addition to this, he took a further sum of Rs. 1000/- as advance on 18th Baisakh 2008 and also Rs. 70/ -. The complaint further runs that the accused did not possess any labour nor had he ever any intention to supply it. He simply wanted to cheat the complainant of Rs. 2,070/- thereby causing wrongful gain to himself and wrongful loss to the complainant. A preliminary statement was taken by the Magistrate in which the complainant simply stated that the accused had stipulated to supply labour in pursuance of which ha took Rs. 2,070/-, and that the accused did not supply labour as stipulated by him. The trial Court passed an order that there were grounds to suspect that an offence under Section 420, R. P. C. , had been committed and ordered bailable warrants to be issued against the accused. The accused has now submitted an application under Section 561a, Criminal P. C. , praying for the quashing of the said proceedings.

(3.) IN his application under Section 561a Criminal P. C. , the accused has stated that the facts reveal a case of a civil nature but they have been forced to take a criminal complexion so as to make a criminal Court as an instrument for the recovery of debt or damages for breach of contract. His prayer is that the proceedings against him be quashed.