- (1.) CRIMINAL Misc. No. 4857-M of 1989 has been filed by M/s Laxmi Sales, Bazar No. 2, "bhilwara, Rajasthan. a partnership concern and its three partners namely Laxmi Lal Ranka, Mohinder Lal Ranka and Bhagat Ram Somani for quashing the complaint Annexure P 1, summoning order Annexure P 2 and also subsequent proceedings taken therein on the ground of their being an abuse of the process of court. Similar request made in Criminal Revision No. 10 filed on 7th March, 1989 was declined by the learned Additional Sections Judge, Patiala, on 24th April, 1989,
(2.) IT is asserted in the quashing petition that the dispute between the parties is of a civil nature arising of settlement of accounts, that on railing the complaint Annexure P. 1 no criminal offence is made out against the petitioners, that Sections 406 and 420 of the Indian Penal Cads are mutually exclusive and that the Criminal Court at Patiala does not have the jurisdiction to entertain and adjudicate upon the complaint because the agreement of dealership was signed at Bhilwara and no part of the cause of action arose at Patiala.
(3.) IN reply it was asserted that the Revision filed against the summoning order having been dismissed by the learned Additional Sessions Judge, Patiala, second Revision under the garb of Section 482 of the Criminal Procedure Code petition does not lie. It was further asserted that the agreement of agency was finalised and accepted at Patiala, that the accounts were settled at Patiala, that cheques of payment due on settlement of accounts were payable by the bankers of the petitioners at Patiala and, therefore, the Criminal Court at Patiala has the jurisdiction, that the payment of cheques aforesaid having been stopped with dishonest intention of cheating the respondents and misappropriating the supplies admittedly made by the as respondents to the petitioners as their Agents, the dispute ceased to be of a civil nature and the petitioners could legitimately be proceeded against for it under Sections 406/420 read with Section 120-B of the Indian Penal Code. Hence the quashing petition merits dismissal.;