SANJAY GUPTA Vs. NISSAR AHMAD BHAT

JUDGEMENT

(1.) PETITIONERS have invoked inherent jurisdiction of this court in terms of Section 561 -A Cr.P.C. for quashing the proceedings drawn by the court of Judicial Magistrate, (2nd Additional Munsiff), Srinagar in case titled Nissar Ahmad Vs. Sanjay Gupta and others under section 420 RPC.

(2.) THE main ground of attack taken in the petition is that in terms of averments contained in the complaint, the matter is of civil nature and filing of complaint, drawing of cognizance and issuance of process is abuse of process of law. In order to thrash out the said controversy, it is necessary to notice the averments contained in the complaint.

(3.) IT is averred in the complaint that an agreement came to be executed between the parties and in terms of that agreement, respondent was engaged as distributor of the products manufactured by M/s Lotus Herbals Limited and the Company was sending the goods ordered for to the respondent against cash payment. It is further averred that as there was a good sale of all the products and also complainant achieved good and desired results, the accused without any right or reason, did not send products for the amount to the tune of Rs. 1.30 lacs to the complainant though accused -petitioners had already received the amount therefor in advance. The complainant has accordingly prayed that accused -petitioners be punished for the commission of the offences punishable under section 420 RPC.