KANHAIYA GUPTA Vs. PARMANAND SHASTRI

JUDGEMENT

(1.) - Petitioner has filed this petition under Section 561a of the Code of criminal Procedure seeking quashing of proceedings initiated against him by the learned Chief Judicial Magistrate Kathua, on respondent's complaint, for infraction of section 420 of the Ranbir Penal Code ('for short' RPC ).

(2.) REFERRING to the facts pleaded in the petition, petitioner's learned counsel Mr. Ashok Parihar submits that although KG steel Rolling Mills, a Private Limited company had liquidated the loan, which had been advanced by the respondent to the company by Payees Account Cheques, yet the respondent would not be satisfied with the amount paid to him by the Company and had been demanding interest thereon, and on refusal thereof, a complaint, to settle a purely civil dispute, on truncated facts, was filed seeking initiation of criminal proceedings against the petitioner to abuse the process of Criminal Court.

(3.) JUSTIFYING the initiation of proceedings by the criminal court on respondent's complaint against the petitioner, respondent's learned counsel Mr. Shukla submitted that the facts pleaded by the petitioner in his petition under Section 561a of the Code of criminal Procedure cannot be taken note of for discrediting the complaint which the respondent/complainant had made against the petitioner and the complaint, when considered, in the light of the material which was available before the learned Chief Judicial magistrate, did disclose the commission of offence punishable under Section 420 rpc by the petitioner and the process issued by the learned Chief Judicial Magistrate cannot be faulted. He thus prayed for the rejection of petitioner's petition.