RAJEEV MALHOTRA Vs. MOHAMMAD ISHAQ CHOWDHARY

JUDGEMENT

(1.) Quashment and setting aside of complaint bearing Registration no.5 of 2021, filed under Section 406, 409, 418, 420, 506 IPC, before the court of Chief Judicial Magistrate, Srinagar (for brevity 'Trial Court'); as also Order dated 31st December 2020, passed by learned Judicial Magistrate 1st Class, Srinagar, summoning petitioner and all other proceeding arising therefrom

(2.) As is discernible from the file, a complaint under Section 406, 409, 418, 420, 506 IPC has been filed by respondent herein before the Trial Court, in which he alleges that he intended to put up a CA cold storage at industrial estate Zainakote under the name and style of Chowdhary Cold Storage after approval was given by the Government. It is also alleged that complainant/respondent entrusted the said work to accused person - petitioner herein, and purchase PEB Pre Engineered Building from one ATS buildings and for this purpose certain amount was sent to petitioner, but he did not make full payment to the seller, thereby committing offences punishable under Section 409 and 106 IPC. Accordingly, a complaint was filed, in which Judicial Magistrate 1st Class, Srinagar, issued an Order dated 31st December 2020, taking cognizance of the matter and issuing process against accused-petitioner to appear before the Trial Court and answer the allegation. It is this order, of which petitioner is aggrieved and has come up before this Court with instant petition.

(3.) I have heard learned counsel for parties and considered the matter.