NARESH BHATIA Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS petition under Section 561 -A of the Code of Criminal Procedure Svt., 1989 (hereinafter referred as Procedure Code), seeks quashing of proceedings pending before learned Judicial Magistrate Ist Class (Sub -Judge), Jammu, under Sections 504/506 of Ranbir Penal Code (hereinafter referred as Penal Code).

(2.) SH .S.K.Shukla, learned counsel appearing for petitioners, submit that the complaint of the respondent, does not make out any case for the infraction of offences punishable under the Penal Code. He submits that complaint filed by the respondents has resulted in abuse of the process of the Court.

(3.) IN order to appreciate the submission of learned counsel, perusal of the complaint becomes necessary. The complainant has alleged to have purchased a Photostat Machine through SC/ST/OBC Development Corporation Limited, on account of Self Scheme. It is stated that Photostat Machine was purchased in 1996 whereafter an agreement was entered into by the parties whereby respondent had agreed to provide maintenance and services, in accordance with the terms of the agreement.