Crl.M. No. M- 29268 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M- 29268 of 2008 (O&M) Date of decision : 25.8.2009. ... Parmod Jain ................ Petitioner vs. State of Haryana and another .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. R.S. Athwal, Advocate for the petitioner. Sh. A.K. Jindal, Assistant Advocate General, Haryana for respondent No.1. Sh. Ram Chander, Advocate for respondent No.2. ... K.C. Puri, J. (Oral) This is a petition under Section 482 Cr.P.C. for quashing of criminal complaint No. 316/06, titled as 'Haryana Milk Foods Limited vs. Sh. Vinay Chamaria, Managing Director, Gobind Industrial Gases Ltd. and another, filed by respondent No.2 under Sections 408, 420, 467, 468, 471, 120-B IPC (Annexure P-1) and the summoning order dated 31.1.2007 (Annexure P-2). The petitioner stood guarantor for the contract entered into by Vinay Chamaria with Haryana Milk Foods Limited (hereinafter to Crl.M. No. M- 29268 of 2008 -2- be mentioned as 'complainant'). The agreement was executed on 2.4.1990 and the period of contract was 2 years. In the Guarantee Bond, executed by the petitioner, it is specifically mentioned as under:- “Provided my liability shall be restricted only, to the payment in case M/s. Gobind Industrial Gases Ltd., do not pay or fail to pay the hire charges and/or cost of damages caused to any cylinder or return the cylinders within two months from the date of expiry of the terms of agreement only on receipt of notice in writing irrespective of remedies available in clause 17 and 21 of agreement dated 2.4.1990.” So, from the bare reading of the said Guarantee Bond, it is revealed that liability of the petitioner as guarantor was at the most, upto May 1992. Admittedly, there is no default during that period. So, the initiation of criminal complaint against the petitioner is clearly an abuse of process of Court. Learned counsel for respondent No.2 has submitted that as per terms of the agreement, the liability will extend till the agreement survives. However, I am afraid that said contention cannot be accepted, as in the Guarantee Bond it has been specifically mentioned that liability of the petitioner is till the term of the agreement and two months thereafter. Consequently, the petition stands accepted. Criminal complaint No. 316/06, titled as 'Haryana Milk Foods Limited vs. Sh. Crl.M. No. M- 29268 of 2008 -3- Vinay Chamaria, Managing Director, Gobind Industrial Gases Ltd. and another, under Sections 408, 420, 467, 468, 471, 120-B IPC (Annexure P-1) and the summoning order dated 31.1.2007 (Annexure P-2), stand quashed qua petitioner. ( K.C. Puri ) 25.8.2009. Judge chugh