1. By this petition, the petitioners, original accused, in Criminal Case No.632/2006, filed before the J.M.F.C., Vadodara, seek quashing and setting aside of the order dated 09.03.2006, passed below Exibit-1 in the said criminal case, which is a complaint making allegations against the petitioners for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code. The order directs issuance of process against the accused for the offences punishable under Sections-406, 420 and 114 of the Indian penal.
2. The ground on which the quashing is sought is that this is only an arm-twisting tactic adopted by the complainant in respect of commercial transactions and in support thereof, documents are produced to show that there was a memorandum of settlement between the complainant and the accused persons on 6th May, 2004, which would indicate that there have been consistent commercial transactions between the parties, there were disputes and such disputes were resolved by the said agreement.
3. This Court has examined the documents produced along with the petition, which would support the case of the petitioner. Even the complaint also indicates that there were series of transactions of civil nature and ultimately the complaint is lodged. It also transpires that against outstanding amounts cheques were also issued and the same not being honoured, assurances were given by the parties for the payment. All these factors would lead to only one conclusion that the dispute between the parties is purely of a civil nature and criminal action cannot be permitted to continue.
4. The petition is, therefore, ALLOWED. The complaint being Criminal Case No.632/2006, filed before the J.M.F.C., Vadodara, and the order dated 09.03.2006 are QUASHED. Rule is made absolute, accordingly.
(A.L. DAVE,J.) Umesh/