Charan Singh v. State Of Punjab And Another




   
   

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   ),5 "Complaint No.242Peshi dated 25.02.2017. Το, The Commissioner of Police, Jalandhar. Sub: Application for registration of case against: 1.Charan Singh son of

 Dalip Singh resident of Mohalla Prem Nagar, Tehsil Sultanpur Lodhi, District Kapurthala; 2.Karan Singh son of Dalip Singh resident of Ala Dad Chak, Tehsil Sultanpur Lodhi, District Kapurthala; 3. Narinder Pal Singh son of Darshan Singh resident of village Kauta Tehsil and District Gurdaspur; 4.Santokh Singh Bagga son of not known resident of village Bhago Raian Tehsil Sultanpur Lodhi, District Kapurthala. Sir, It is respectfully submitted as under: 1. That the complainant is a private limited company having registered office at Alamgir, Kala Sanghian, Kapurthala and corporate office at 130, Gurjaipal Nagar, Jalandhar. The complainant is being presented through Sh. Ranjit Singh Director of the company. 2. That accused No.

1 Charan Singh was earlier Director of the Company, but he was removed from the Directorship of the Company in the year 2016 as he was not adhering to the Rules and Regulations of the company. 3. That the company established a colony in village Nabipur, Tehsil and District Gurdaspur under the name and style of Gurdaspur. The company carved out plots, laid road and also erected Civil Amenities in the colony. The colony was duly approved by PUDA. 4. That the accused No.2 to 4 are close relatives and associates of the accused No.1 and after hatching a conspiracy, the accused No.1 executed a sale deed bearing document No.580 dated 12.05.2016 for an area of 5 kanals in favour of accused No.2. The accused No.1 also executed two sale deed bearing No.578 and 579 both dated 12.05.

2016 for an area of 5 kanals 6 marlas and 10 marlas respectively in favour of accused No.3.

- sold illegally by the accused No.1 is not an agricultural land, rather is a part of the colony and it cannot be sold as had been sold by the accused. Because the entire land had been plotted. Copies of sale deeds are enclosed for your kind perusal. The accused pocketed the proceeds of the sale and has not accounted for the same to the company. It is therefore respectfully prayed that a case may please be registered against the accused under the relevant provisions of law. Thanking you. Yours faithfully. Sd/ Ranjit Singh s/o Joginder Singh, Director, Great Green Build India. Pvt. Ltd, Kala Sanghian, District Kapurthala. Dated 23.02.17."

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 "Any sale / transfer / encumbrance of any of the properties mentioned at page 665 of CP the result of CP. are subject The shareholding pattern of the Company shall also not to be altered until further orders. The respondents shall also file the statements of main bank accounts of the Company from 01.04.2017 till date along with their counter and also file the list of details of all the bank accounts which the company is operating." ( ./ )))) - )

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9. 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    % 
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 The principles, relevant to our purpose are : (i) A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused.

For this purpose, the complaint has to be examined as a whole, but without examining the merits of the allegations. Neither a detailed inquiry nor a meticulous analysis of the material nor an assessment of the reliability or genuineness of the allegations in the complaint, is warranted while examining prayer for quashing of a complaint.

(ii) A complaint may also be quashed where it is a clear abuse of the process of the court, as when the criminal proceeding is found to have been initiated with malafides/malice for wreaking vengeance or to cause

 harm, or where the allegations are absurd and inherently improbable.

(iii) The power to quash shall not, however, be used to stifle or scuttle a legitimate prosecution. The power should be used sparingly and with abundant caution. (iv) The complaint is not required to verbatim reproduce the legal ingredients of the offence alleged. If the necessary factual foundation is laid in the complaint, merely on the ground that a few ingredients have not been stated in detail, the proceedings should not be quashed. Quashing of the complaint is warranted only where the complaint is so bereft of even the basic facts which are absolutely necessary for making out the offence.

(v) A given set of facts may make out : (a) purely a civil wrong; or (b) purely a criminal offence; or (c) a civil wrong as also a criminal offence. A commercial transaction or a contractual dispute, apart from furnishing a cause of action for seeking remedy in civil law, may also involve a criminal offence. As the nature and scope of a civil proceedings are different from a criminal proceeding, the mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available 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. "10. While on this issue, it is necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases. This is obviously on account of a prevalent impression that civil law remedies

 are time consuming and do not adequately protect the interests of lenders/creditors. Such a tendency is seen in several family disputes also, leading to irretrievable break down of marriages/families. There is also an impression that if a person could somehow be entangled in a criminal prosecution, there is a likelihood of imminent settlement. Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure though criminal prosecution should be deprecated and discouraged. In =) - 
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5. this Court observed;

"It is to be seen if a matter, which is essentially of civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which 7 -
: is to exercise its jurisdiction under section 482 of the Code. Jurisdiction under this Section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice."

"While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, at the end of such misconceived criminal proceedings, in accordance with law. One positive step that can be taken

 by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 Criminal Procedure Code more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that as it may." ''

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