- (1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure,1973 ('Cr.P.C.' in short) seeking quashing of the complaint No.23 dated 18.9.2006 titled as 'Sublime Chit Fund vs. Ashwani Kumar and others' (Annexure P1) under Sections 406, 420,506,34 of the Indian Penal Code ('IPC' for short) and summoning order dated 14.8.2007 (Annecxure P10) passed by the Judicial Magistrate Ist Class alongwith all consequential proceedings arising therefrom.
(2.) Contends of the complaint (Annexure P1) read as under:- " The complainant submits as under:- 1.That the complainant is a company limited corporated under Indian Companies Act and Sh. Kulwant Singh Nagi is its managing director. The complainant is carrying out a business of finance and having its registered office at hall bazar, Amritsar. The complainant company in the meeting of board of directors held on 20.5.1994, they have authorized to Sh.Kulwant Singh Nagi, Managing Director of company to sign institute and prosecute the present complaint hence is being filed through a legally competent and authorized person. 2. That the accused approached the complainant company for availing the financial assistance for promoting his business and after considering the said request of the accused Ashwani Kumar the complainant company by getting the surety of Kewal Kishan who is father of the accused No.1 and Devinder Kumar who is the brother accused No.1, and Devinder Kumar who is the brother accused No.1, the company advanced the loan of Rs.8,40,000/- to Ashwani Kumar accused No.1 on 10.6.2003 the accused persons assured to repay the said amount to the complainant within a short span of time alongwith interest at simple rate of 18% per annum. For having the said financial assistance availed by the accused he executed a voucher dated 10.6.2003, demand promissory note and receipt dated 10.6.2003 letter of acceptance and verification of his signature on demand promissory note being undertaking along with one declaration by putting his signatures and thumb impression on the same for the due payment of the said advanced amount along with interest. 3.That the accused No. 2 and 3 Devinder Kumar and Kewal Kishan gave the surety of Ashwani Kumar and take liability of the repayment of the loan amount received by Ashwani Kumar and also fill the personal statement of surety bond and also signed the declaration and also make thumb mark by Devinder Kumar and Kewal Kishan and on the surety of accused No. 2 and 3 the complainant company advance the amount to accused No.1 and the accused persons received the amount with the connivance of each other. 4. That it is pertinent to mention that in the office of the complainant and also in the presence of the complainant the accused persons received the amount the 6 packets of Rs.1000 and 100 currency notes in each packet and four packets of Rs.500 and 100 currency in each packet and 4 packets of Rs. 10,000/- each and the accused No. 1 put Rs. 5 lakh currency in his black bag and the accused No.2 put the Rs.3,00,000/- in a brown coloured polythene bag and accused No.3 put the remaining amount wrapped in a news paper and at that time the complainant deducted Rs.15,120/- the first month interest of money and after that the accused persons take away the money to their homes. Total amount Rs. 840000/-. 5. That when after a long span of time complainant demanded his money back on dated 28.9.2006 that the accused the dilly dallying the matter with false excuses and now on 29.8.2006. They have flatly refused to repay any amount to the complainant. This regard the complainant approached the surety for making the payment both the accused gave the filthy language and abuses to the complainant and also gave the threat to kill the complainant if he demanded his money. And thus violated the terms and conditions of the security documents executed by the accused persons as well as financial discipline of the complainant. 6. That the accused persons by false persuasions assurance and promises under inducement received the said amount from the complainant that they will repay the same in a short of time in instalments, but they have failed to repay the said amount and have thus breached the trust of complainant and have committed criminal breach of contract. They have thus misappropriated the amount of the complainant company and had caused a wrongful loss to the complainant and cheated and defrauded the complainant company with malafide and ulterior motives and intentions knowing full well that they are committing a crime to cause loss to complainant and is not going to repay the said amount to complainant. Thus, the accused persons committed offences coverable u/s 406/420/506/34 IPC etc. for which he is liable to be punished and fined according to law. 7. That the complainant company is carrying on its business at Amritsar from where that accused borrowed the amount and executed the security documents and offence is also committed by accused at Amritsar within the area of police station kotwali Amritsar hence this Hon'ble Court has got jurisdiction to entertain and try this complaint."
(3.) Learned counsel for the petitioners has submitted that a perusal of the complaint reveals that no criminal offence was made out in this case. The dispute between the parties was of a civil nature. Learned counsel has further submitted that another complaint filed by the respondent with similar allegations was quashed by this Court vide Criminal Misc. No.13732-M of 2008 decided on 10.12.2008.;