HARDEV SINGH Vs. KARAM DAD KHAN

JUDGEMENT

(1.) THE petitioners have moved this Court under Section 561-A of the Code of Criminal Procedure for quashing the criminal proceedings pending against them before the Addl. District Magistrate at Poonch. The main grounds on which they rely are (1) that the criminal complaint preferred against them by the respondent does not disclose any offence whatsoever, and that (2) the complaint was instituted only to terrorise and harass them, If these grounds are made out the petitioners will be entitled to succeed, and this Court will be justified in quashing the criminal proceedings pending;against the petitioners, in exercise of the powers under Section 561-A of the Code of Criminal Procedure.

(2.) THE first question for determination, therefore, is whether the complaint filed by the respondent against the petitioners discloses an offence? This takes us to the facts of the case. The petitioners and the respondent are partners of a firm carrying on business of selling cloth. The complaint alleges that a sum of Rs. 10,000 belonging to the partnership business was given to the petitioners by the respondent for purchase of cloth for the partnership business. The petitioners did not proceed to purchase the cloth; instead they went to some other place and on being questioned by the respondent they are alleged to have told him that no money was handed over to them. The respondent thereupon filed a complaint before the Addl. District Magistrate at Poonch charging the petitioners with an offence under Section 409 of the Penal Code.

(3.) LEARNED Counsel for the petitioners contends that the facts alleged in the complaint do not disclose an offence under Section 409 or any other offence for that matter. According to him, the allegations in the complaint even if true, can only fasten a civil liability on the petitioners and a criminal prosecution is not justified.