IQBAL NATH Vs. SANT RAM

JUDGEMENT

(1.) THIS is an application by the accused under S. 561 -A of the Criminal P. C. for quashing of certain criminal proceedings against them in the court of the Sub -Divisional Magistrate Reasi.

(2.) THE respondent Sant Ram brought a com. plaint under Ss. 420/403 R. P. C. against the accused in the court of the SDM Reasi with the following allegations. The complainant was running a cobblers shop at Reasi and had the machine and some other instruments of a cobbler. About three years ago the accused induced him to take them as partners. The accused further represented that they would invest sufficient capital into the business from which the complainant would make huge profit. The complainant alleged that the accused never fulfilled their promise of investing money j on the other hand they got a pronote of Rs. 600 executed from the complainant in order to ensure that he would stick to the business along -with the accused. On 19 -7 -63 the accused took in to their exclusive possession a number of instruments belonging to the complainant. The complainant produced two witnesses in support of his case, and the accused petitioners were summoned under S. 420 of the R. P. C.

(3.) THOUGH this case is very simple, yet I allowed the learned counsel for the parties to argue the case at length which they did. The learned counsel for the respondent complainant invited my attention to three authorities: A. I. R 1963 Raj. 104, A. I. R. I960 All. 33 and A. I. R. I960 S. C. 866. The learned counsel for the petitioners on the other hand referred to some case decided by Ali J -Ghulara Ahmad v. Ghulam Mohd -but he did not produce a certified copy of the judgment.