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| Criminal proceedings should not be permitted to become weapon of harassment: CJM | | | EARLY TIMES REPORT
JAMMU, Apr 18: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today in a significant judgment, holds that criminal proceedings should not be permitted to become weapon of harassment for imminent settlement of a dispute.
This significant order has been passed in an application filed by one Goutam Singh seeks invocation of Section 156(3) of Cr.P.C in order to get an FIR registered against non-applicant by SHO Police Station Kana Chak – Jammu under relevant provisions of Penal Code for passing life threats to him.
Allegations which are alluded to non-applicant as tailored in the application are that applicant sold a vehicle bearing registration No. JK02AQ-7911 to non-applicant against consideration of Rs. 12,50,000/-(rupees twelve lacs fifty thousand) in connection with which non-applicant allegedly issued 17 cheques to him (applicant) which, according to applicant, were dis-honoured when presented in the bank. Applicant further asserts that he requested non-applicant many a times to pay the whole amount as aforesaid but he refused to pay the same and instead is passing life threats to him. Thereafter, applicant goes on narrating that he approached the concerned Police Station for registration of the FIR but of no avail.
Similarly, according to applicant, even SSP Jammu did not come to his rescue when approached.
Chief Judicial Magistrate Jammu Amarjeet Singh Langeh after gone through the application observed that 3. The grievance projected by applicant, indeed - is pre-dominantly rooted in issuance of 17 cheques allegedly by non-applicant to applicant in connection with the sale transaction of vehicle and those cheques subsequently, as per applicant, getting bounced/dis-honoured when presented in the bank concerned. In face of this admitted position, by all accounts, remedy available to him (applicant) is under relevant provision of Negotiable Instruments Act and by filing instant application, applicant only displays a penchant desire to apply pressure on non-applicant through criminal prosecution for an imminent settlement of his grievance, a course which is not permissible in law. Vague and bald allegations of passing of threats, on facts, is simply a camouflage by applicant to give criminal colour and complexion to the application and allegations therein. That the criminal proceedings should not be permitted to become weapon of harassment for imminent settlement of a dispute.
Court while dismissing the application, observed that instant application does not disclose commission of any cognizable offence by non-applicant and same has been filed just to abuse the process of law by giving colour and complexion of criminal case to a dispute which squarely falls within ambit of Negotiable Instruments Act. Applicant shall do well to desist from instituting frivolous applications like one on hand in future.
(JNF)
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