ANIL KUMAR AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 1. This is an application for quashing the entire criminal proceeding in connection with B.T.P.S. Case no. 85/2000 corresponding to G.R. no. 838/2000 pending in the court of A.C.J.M. Bermo at Tenughat.

(2.) RESPONDENT no.3 namely Motilal Mahto filed a complaint in the court of A.C.J.M. Bermo, which was sent to Bokaro Thermal Power Station for institution of F.I.R. and investigation vide order dated 20.10.2000. Accordingly, B.T.P.S.case no. 85/2000 dated 24.10.2000 under section 384/386/467/468/471/420 of the I.P.C. instituted.

(3.) SRI S.L.Agrawal, learned counsel for the petitioner submits that present complaint petition filed with malafide intention to evade payment of the petitioner's dues. He further submits that from the averments made in the complaint petition no offence under sections 384/386/467/468/471/420 of the I.P.C. is made out, thus, F.I.R. is liable to be quashed. It is submitted that even if the allegations made in the complaint petition are taken to be true on their face value, same constitutes only a civil dispute, which can be resolved by a competent civil court. It is submitted that in fact, petitioner filed Money Suit in the court of Civil Judge, Senior Division, Purulia for a decree of recovery of Rs. 3,33,368/- with 18% interest towards price of truck in question. Accordingly, it is submitted that since a civil case is pending, it is not desirable to prosecute petitioner on the same facts. Accordingly, it is submitted that entire criminal proceeding be quashed.