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| Court declines registration of FIR against M/s Lahori Eicher NH-1 A, Gangyal, Jammu | | | Early Times Report
JAMMU, May 24: Chief Judicial Magistrate Kathua, A.S Langeh rejected application under section 156(3) of Cr.P.C moved by one Sarveshwar Sharma S/o Raj Gopal Sharma R/o Hatlimore, Opposite Gun Factory, Kathua asking for registration of FIR and start of investigation against M/s Lahori Eicher NH-1 A, Gangyal, Jammu.
According to applicant, he is running business of stone Crusher under the name and style of M/s Baba Peer Stone Crusher Magar Khad, Kathua being its sole proprietor; that he has purchased five tippers from the company concerned. According to him, company has not issued sale letters of the vehicles (tippers) to him as a result of which tippers have remained stationary and he is also suffering huge financial loss as non-applicant has intention from the beginning to cheat him. Applicant further stated that non-applicant is liable to be prosecuted for criminal breach of trust and cheating.
While dismissing the application, court observed that "money advanced as sale consideration against purchase of tippers by applicant to non-applicants not and cannot be entrustment as envisaged by section 409 of RPC. Present therefore is a transaction of sale, plain and pure and no sooner as applicant parted with money advanced as sale consideration; he lost dominion over the same, more particularly after delivery of vehicles thus purchased."
Court also noted that "present therefore is a plain illustration of pervert litigation seeking invocation of authority under section 156(3) of Cr.PC not only as means to redress as wholly civil grievance but also as an instrument to entangle non-applicant in the path and course of harassment, something that needs to be curbed in light of Priyanaka Srivastrava's judgement". A magistrate is obliged to be vigilant with regard to allegations and nature thereof and has to bear in mind if sending matter for investigation is conducive to justice, observed court. With these observations, court rejected the application. |
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