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| HC imposes cost of Rs 25000 on complainant | | | EARLY TIMES REPORT
Jammu, Apr 05: High court judge, Justice JP Singh, has quashed proceedings initiated by judicial magistrate, Samba, under sections 420, 406 and 120-B of RPC against Surya Pharmaceuticals Ltd, with
compensatory cost of Rs 25,000 to be paid by GTB Projects to the former within eight weeks.
The court directive came in a writ petition filed by M/s Surya Pharmaceuticals Ltd and others against M/s GTB Project Fabricators Private Ltd.
According to the petition, GTB Project Fabricators filed a complaint though its managing director against Surya Pharmaceuticals and its 12 functionaries, besides M/s Engineers Associates Fabricators,
Erectors and Energy Avenues Pvt Ltd, alleging that though substantial part of the work was completed, the payment was illegally withheld by the firm which later refused entry to its workmen in the project and retained its machinery kept in the project for the execution of work.
Upon this, trial court initiated process against Surya Pharmaceuticals and its 12 functionaries.
Surya pharmaceuticals then filed a petition, seeking quashment ofproceedings initiated by the Samba judicial magistrate.
Justice Singh observed that the law laid down by the Supreme Court was not applicable to the fact of the present case where the complainant was found to have misused the process of criminal court
to seek redressel of its alleged grievances against the petitioners for recovery of the amount which was stated to have remained unpaid by the petitioners.
The process issued by judicial magistrate, Samba, against the petitioners on the complaint of respondents deserved to be quashed and the same was quashed with compensatory cost of Rs 25,000 to be paid by complainant to the petitioners within 8 weeks, the judge ordered.
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