SANJAY GUPTA Vs. KULDEEP GUPTA

JUDGEMENT

(1.) Petitioners have invoked inherent jurisdiction of this Court, for the quashment of a complaint titled " Kuldeep Gupta v. Dr. Sanjay Gupta and Ors", filed against them by the respondent, in the court of learned Judicial Magistrate 1st Class Mendhar, ["the trial court"] and order dtd. 18/7/2017, vide which cognizance came to be taken and process issued, by the trial court, against them.

(2.) Background facts of the case are that the respondent [hereinafter referred to as the complainant],preferred impugned compliant in the trial court stating inter-alia that he visited Maharishi Dayanand Hospital and Medical Research Centre, Rehari Chungi, Jammu ["the Hospital for short"]with a complaint of pain in the abdomen. He was diagnosed with G. B. Stone and was advised by the doctor-petitioner No. 1 for laparoscopic removal of Gall Bladder. It was alleged by the complainant that he was referred to PGI Chandigrah by petitioner No. 1, after he reported pain in his abdomen due to tracor injury, as a consequence of surgery performed by petitioner No. 1, which was discovered by the Doctors at PGI Chandigrah. It was also alleged that he was not properly observed in the Hospital. He paid Rs.6.00 lacs for surgery in petitioner's Hospital, which went unsuccessful, as a result whereof he paid Rs.10.00 lacs for his treatment at PGI Chandigrah. The complainant also alleged that petitioners not only cheated him to extract money but threatened him with dire consequences in case matter was reported to anybody. He sought prosecution of the petitioners for offences under Ss. 420, 109, 427, 504, 506 and 540 RPC.

(3.) Learned trial court, vide impugned order dtd. 18/7/2017, took cognizance and issued process against the petitioners for aforesaid offences.