S SUNDER SINGH Vs. VEDIOCON INDUSTRIES LTD

JUDGEMENT

(1.) M/s. Arora Enterprises, a partnership firm, operating at Nazibabad, bijnore of the State of Uttar Pradesh and S. Sunder Singh, one of its partners, have filed this petition invoking jurisdiction under S. 561-A of the Code of Criminal Procedure, smvt. 1989, seeking quashing of M/s. Videocon Industries Limited's complaint filed through Mr. Ali Mohd. Qazi, its authorised representative against the petitioners for commission of offences punishable under ss. 415, 416, 418 and 420 of the Ranbir penal Code and the proceedings initiated thereon by Judicial Magistrate 1st Class (3rd Additional Munsiff), Srinagar.

(2.) THOUGH served through publication, the respondent has opted not to contest this petition.

(3.) PETITIONER's learned counsel, Sh. Anand, submits that Court's process has been abused by the respondent-complaint for settlement of a dispute which, being purely civil in nature, would not warrant initiation of criminal proceedings. And that the learned Magistrate had acted in a mechanical manner in issuing process against the petitioners when respondent's-complaint would not disclose commission of any offence whatsoever much less anywhere in the state of Jammu and Kashmir.