ANJU VOHRA Vs. RITIN NAGPAL

JUDGEMENT

(1.) THROUGH the instant petition, Petitioner -Smt. Anju Vohra is seeking quashing of a complaint (Annexure -A) filed by the Respondent/ complainant, Ritin Nagpal, under Sections 405, 406, 420, 504 & 506 Ranbir Penal Code, the order (Annexure -D) vide which a process has been issued against her to face the trial for the offences punishable under Sections 420, 504 & 506 RPC and all the consequential proceedings arisen therefrom.

(2.) PURSUANT to notice, Mr. P. S. Chandel, Advocate, has appeared for the Respondent. Trial Court record has also been received. However, Mr. Chandel does not intend to file any reply/ objections to the main petition.

(3.) MR . Bhat submits that if one goes by the allegations as contained in the complaint (Annexure -A) no offence of Section 420 RPC is prima facie attracted as it is a case of pure and simple civil transaction between the parties. According to learned Counsel, it is alleged in the complaint that the Petitioner was short of funds in completing the construction of her Banquet Hall and for which she approached the Respondent for financial help with a proposal that 'Khana Khazana' a firm being run by Respondent would enjoy exclusive catering of the functions to be held in the said Hall after its completion and in this regard a settlement was arrived at between the parties in which the Respondent had to pay an amount of Rs. 7 lacs to the Petitioner as refundable security. The learned Counsel then contends that the Respondent had paid an amount of Rs. 7 lacs to the Petitioner through a cheque. His grievance is that the Petitioner did not allow him to do the catering exclusively for the functions and also did not give any share in the profits of the Banquet Hall operations as per the settled terms.