TMI Blog2009 (4) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... a - Accused No. 1 ( 1st appellant herein) is the proprietor of M/s. Ravindera Kumar Madhanlal having its office at Shri Ganesh Complex, Kothadi Bazar, Akola - 444001, Maharashtra and is a General Merchant and Commission Agent for various food items like sugar, jaggery, oil seeds, oil, grains, pulses and cotton etc. It was dealing in cotton as commission agent for various persons belonging to different places in different states including Coimbatore in Tamil Nadu. The proprietorship of the 1st appellant is registered with the Sales Tax Department of Maharashtra. Srimathi Ravindra Kumar Madhanlal Goenka - Accused No. 2 (2nd appellant herein) is stated to be a partner in the firm. Accused-2 is a broker cum dealer and Accused-3 his wife, a partner and Accused-4 is his sub-broker/agent. The present appeal has been filed by Accused-1 (1st appellant) and Accused-2 (2nd appellant). 4. The respondent through his agents approached the 1st appellant by personally visiting Akola and ordered cotton bales to manufacture yarn. The agents had stayed for about 45 days at Akola and after examining the quality of cotton and after their approval the cotton was transported to the respondent for whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unpaid 30 days from the date of dispatched goods. The 1st appellant claimed late fee interest in accordance with the above terms. However, the respondent did not make such payment. Some further dispute arose between the parties. 6. Subsequently, the 1st appellant approached the Akola Police for filing a complaint. However, the same was not entertained and registered stating that the transaction was purely commercial and civil in nature and the business disputes cannot be resolved by criminal prosecution. In the meanwhile, the respondent filed a complaint under Section 200 CrPC before the Judicial Magistrate No. 1 at Coimbatore for offences u/s 406, 420 and 384 of the Indian Penal Code (in short `IPC'. The court vide order dated 2.8.2004 issued an order directing the Thudiyalur Police to register a case under Section 406, 420 and 384 IPC and submit their final report within 3 months. The case was registered on 21.8.2004 after receipt of the court order on 9.8.2004. Subsequently, the respondent also filed a private complaint under Section 190 and 200 Cr.PC for offences punishable under Sections 120-B, 406, 420 and 384 IPC by implicating the 2nd appellant, who is the wife ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings initiated by the respondents. 9. The scope of power under Section 482 CrPC has been explained in a series of decisions by this Court. In Nagawwa v. Veeranna Shivalingappa Konjalgi [1976 (3) SCC 736], it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5) (1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused; (3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l law and civil law can run side by side. The two remedies are not mutually exclusive but clearly coextensive and essentially differ in their content and consequence. The object of the criminal law is to punish an offender who commits an offence against a person, property or the State for which the accused, on proof of the offence, is deprived of his liberty and in some cases even his life. This does not, however, affect the civil remedies at all for suing the wrongdoer in cases like arson, accidents, etc. It is an anathema to suppose that when a civil remedy is available, a criminal prosecution is completely barred. The two types of actions are quite different in content, scope and import. 12. This Court in the case of Indian Oil Corpn. v. NEPC India Ltd. [2006 (6) SCC 736], at page 747 has observed as under : 12. The principles relating to exercise of jurisdiction under Section 482 of the Code of Criminal Procedure to quash complaints and criminal proceedings have been stated and reiterated by this Court in several decisions. To mention a few Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre, State of Haryana v. Bhajan Lal, Rupan Deol Bajaj v. Kanwar Pal Sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le or has been availed, is not by itself a ground to quash the criminal proceedings. The test is whether the allegations in the complaint disclose a criminal offence or not. 13. The appellant has placed reliance on a decision of this Court in the case of Uma Shankar Gopalika v. State of Bihar [2005 (10) SCC 336], at page 338, wherein this Court has observed as follows : 7. In our view petition of complaint does not disclose any criminal offence at all much less any offence either under Section 420 or Section 120-B IPC and the present case is a case of purely civil dispute between the parties for which remedy lies before a civil court by filing a properly constituted suit. In our opinion, in view of these facts allowing the police investigation to continue would amount to an abuse of the process of court and to prevent the same it was just and expedient for the High Court to quash the same by exercising the powers under Section 482 CrPC which it has erroneously refused. 14. In the abovementioned case, this Court has taken the view that when the complaint does not disclose any criminal offence, the proceeding is liable to be quashed under Section 482 CrPC. However, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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