S.J.Hyder, J. - (1.) ON a complaint filed by Vijai Prakash Garg opposite party 2 the applicant stands indicted under Section 420/109 IPC before the Special Judicial Magistrate, Allahabad. ONe Subhash Chandra Misra is also a co-accused in the said case along with the applicant.
(2.) THE complaint has been filed inter alia on the allegations that the opposite party Vijai Prakash Garg is owner of certain accommodation situate in mohalla Colonelganj in the city of Allahabad, it is alleged that opposite party occasionally used to let out some rooms to the students studying at Allahabad. Two students are alleged to have approached the opposite party with the request to let out a room for their residence and opposite party was reluctant to accede to their request. On the [intervention of Ishwar Chandra Gupta applicant that he would pay the rent of the room the opposite party allowed the students to occupy the said room. However no rent was paid to the complainant opposite party either by those students or by the applicant Ishwar Chandra Gupta so much so that the students left the accommodation and gave vacant possession to the complainant. Since the complainant had not been paid anything towards rent due in respect of the room he approached the applicant Ishwar Chandra Gupta to honour his obligation. On the request of the complainant the applicant Jshwar Chandra Gupta gave a cheque of Rs. 565/- to the complainant which was dishonoured by the bank. THE complainant complained about it whereupon Subhash Chandra Misra is said to have assured the complainant that he would get the amount of the cheque paid to the complainant. On this assurance the complainant is said to have handed over the cheque to Sri Subhash Chandra Misra on 27-8-1978. When no payment was made to the complainant he approached Subhash Chandra Misra who denied having received any cheque from the complainant or to haw made any promise to get the amount paid to him. In so far as the applicant Ishwar Chandra Gupta is concerned the complaint does not disclose any allegation against him which, if believed, may make out a case against him which may be punished under Section 420 IPC. The students concerned had been allowed by the applicant to live in the room belonging to him and even if it is accepted that Ishwar Chandra Gupta had agreed to pay the rent the contract between the complainant Ishwar Chandra Gupta would give rise to a contract of tenancy which could be enforced in the: civil court. Further even if it is believed that Ishwar Chandra Gupta gave a cheque to the complainant Vijai Prakash Garg which was subsequently dishonoured] no criminal liability would come into existence in so far as Ishwar chandra Gupta is concerned. Looking at the matter in its entirety it appears to be a case where the complainant should enforce his claim, if any against the applicant by filing a civil suit in a court of competent jurisdiction. The jurisdiction of the criminal court cannot be invoked for resolving a dispute of this nature and it would be an abuse of the process of the court if the complaint against Ishwar Chandra Gupta is allowed to be pursued further. I would like to make it clear that I am not expressing any opinion in so far as this case against the co- accused Subhash Chandra Misra is concerned. He has not filed any application before this Court for quashing the criminal proceedings pending against him.
(3.) THE result is that this application must be allowed. Criminal Case No. 227 of 1978-Vijai Prakash Garg v. Ishwar Chandra Gupta under Section 420/109 IPC pending in the Court of the Special Judicial Magistrate, Allahabad are hereby quashed in so far as the applicant Ishwar Chandra Gupta is concerned. Application allowed.;