Criminal Misc. No.69201-M of 2006 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.69201-M of 2006 Date of decision : 17.9.2008 M/s Satpal Singh and brothers .....Petitioner Versus State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. S.P.S. Tinna, Advocate for the petitioner Ms. Manjari Nehru, Deputy Advocate General, Punjab. Mr. K.S.Sidhu, Advocate for respondent no.2 **** S. D. ANAND, J. The inescapable conclusion, culled out from the respective pleadings of the parties, is that the impugned FIR deserves to be quashed. The reasons therefor are as under:- As per own allegations of respondent no.2/complainant, he had been selling his agricultural produce though the petitioner who is a Commission Agent. The petitioner is withholding the payment of substantial amount which he owed to respondent no.2. The allegation, in the context, is that the petitioner owes a sum of Rs.5,79,697/- as the sale proceeds of Kharif, 2005 (paddy) crop and he also owes another amount of Rs.1,79,000/- which respondent no.2 had deposited with the former. It is neither here nor there for the respondent no. 2 to allege that the amount of Rs.1,79,000/- had been entrusted to the petitioner. It is, obviously, a pure and simple case of deposit made by respondent no. 2 Criminal Misc. No.69201-M of 2006 -2- **** with the petitioner. Insofar as the amount of Rs. 5,79,697/- is concerned, it is the own plea of respondent no.2 that the amount afore-mentioned represents the sale proceeds of kharif, 2005 (paddy) crop. The matter is apparently of civil nature for which a resort can not be allowed to be had to criminal law. If the respondent no.2 is so inclined, he may have recourse to the remedy available to him on the civil side. Allowing the proceedings to continue, in the context of the impugned FIR, would clearly be an abuse of process of law. The petition shall stand allowed accordingly. The FIR No.81 dated 14.5.2006 under Sections 406 IPC, Police Station, Kot Ise Khan shall stand quashed. September 17, 2008 (S. D. ANAND) Pka JUDGE