MOHD. SHARIF SHEIKH Vs. SHAMAS DIN

JUDGEMENT

(1.) THE petitioner is an accused in a complaint filed against him by the respondent under Section 406 of the Ranbir Penal Code in the Court of the learned Sub-Judge, Judicial Magistrate 1st Class, Bhadarwah. The learned Magistrate has taken cognizance of the case and issued process against him. According to him his liability is only of civil nature and not of a criminal nature. He has, therefore, filed this petition under Section 561A of the Cr.P.C. for quashing the Proceedings of the complaint pending against him before the learned Magistrate.

(2.) I have heard the learned counsel for the petitioner. The respondent was not present despite service. He could not be therefore, heard.

(3.) THE respondent has been examined by the learned Magistrate in verification of his complaint and the respondent-complainant has fully corroborated the contents of the complaint in his statement. He has also produced one witness to corroborate his statement. The learned Magistrate was, therefore, satisfied that a prima facie case under Section 406 of the Ranbir Penal Code was made out against the petitioner-accused and accordingly issued a process against him. No further proceedings could be taken by the Magistrate in the case as the petitioner-accused filed this petitioner under Section 561A. No evidence has yet been recorded by the learned Magistrate in presence of the accused.