NAVNEET VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under section 482 of the Code of Criminal Procedure the petitioners seek to quash the order of the Additional Sessions Judge, Churu dated 24.5.2003 wherein he has confirmed the order of the Chief Judicial Magistrate, Churu dated 2.7.2001 taking cognizance against the petitioners for offence under sections 420 & 406 IPC.

(2.) Briefly stated the facts of the case are that respondent herein Arjun Lal filed a complaint alleging therein that he had taken a Nohra behind Kothari Dharamshala on rent of Rs. 300/- per month. He paid Rs. 15,000/- towards the earnest money to the petitioner. The rent note was also executed on the same day. But when he reached on the spot, he found that there was already lock of somebody else. He asked to get the possession delivered. It is alleged that the petitioners committed fraud with him by taking money and not providing the Nohra on rent. The complaint was set for investigation under Section 156(3) Cr.P.C. The police found it to be a dispute of civil nature and as such submitted the final report. The complainant filed a protest petition. It has come on record that one Navneet Vyas was the tenant in the premises. The rent note was got written by Pavan Kumar Advocate. A suit is also pending for the possession of the respondent. Considering all facts and circumstances of the case I am of the view that the entire dispute is of civil nature. The continuation of proceedings is an abuse of the process of the Court.

(3.) Consequently, the Misc. Petition is allowed and order of the Additional Sessions Judge, Churu dated 24.5.2003 is quashed and set aside. Petition allowed.