ROSHAN LAL ASRANI Vs. KASHMIR COMMERCIAL AGENCY
LAWS(J&K)-2006-2-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 27,2006

Roshan Lal Asrani Appellant
VERSUS
Kashmir Commercial Agency Respondents

JUDGEMENT

- (1.) PROCESS issued by Municipal Mobile Judicial Magistrate First Class, Jammu, on a complaint of the respondents under Section 420 of the Ranbir Penal Code, has been questioned by the petitioners in this petition under Section 561 -A of the Code of Criminal Procedure.
(2.) SH . Romeshwar P. Sharma, learned counsel for the petitioners, while relying on Mohan Lal and others v. State of Rajasthan, 2000 Cri. L. J. 2982 SC, submits that the learned Magistrate has erred in issuing process against the petitioners under Section 420 of the Ranbir Penal Code, when the ingredients of the offence were not made out from what was stated by the respondents in their complaint and unless dishonest intention of the accused at the beginning of the transactions was made out, the learned Magistrate had no jurisdiction to issue process for summoning the petitioners. He prays for awarding examplary costs because the criminal proceedings against the petitioners are vexatious. Reliance is placed on Nageshwar Prasad Singh alias Sinha v. Narayan Singh and another, AIR 1999 SC 1480.
(3.) SH . Sudershan Sharma, learned counsel for the respondents, on the other hand, submits that offence under Section 420 RPC stood made out on the basis of what had been stated in the complaint and the sworn testimony of the complainant and his witnesses. He further submits that proceedings before the learned Magistrate are neither vexatious nor unsustainable. I have considered the submissions of the learned counsel for the parties, case law relied upon by the learned counsel for the petitioners as also the material on records.;


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