The main legal point established in the judgment is that the court has the power to quash criminal proceedings if they are an abuse of process and do not constitute a criminal offense.

JUDGMENT

V. K. Jadhav, J. - Heard finally with consent at admission stage.

2. This is about quashing of the F.I.R. bearing Crime No. 257 of 2019 registered with Shrirampur Police Station, Taluka Shrirampur, District Ahmednagar for the offence punishable under Sections 420, 323, 504, 506 of IPC on the basis of the complaint lodged by respondent no.2.

3. Respondent no.2 deals in the business of purchasing and selling of onion. Respondent no.2 used to sell onion collected from small farmers in the wholesale market on commission. The applicants are allegedly the proprietors/partners of the firm name and styled as M/s. Shreejith Traders at Tamilnadu. The applicants herein allegedly purchased a huge quantity of onion worth Rs.2,20,55,975/- during the period of 16.06.2015 to 11.09.2015 and paid him the price of Rs.1,89,78,444/-. According to respondent no.2, the amount to the tune of Rs.30,77,431/- towards the price of purchased onion remained unpaid. Respondent no.2 repeatedly demanded the said amount. On 31.01.2019, respondent no.2 had been to the office of the applicants situated at Pollachi, District Coimbatore, State of Tamilnadu and demanded the amount. However, the applicants allegedly abused respondent no.2, threatened him and driven him out from their office. On the basis of these allegations, the aforesaid F.I.R came to be registered against the applicants for the offence punishable under Sections 420, 323, 504, 506 of IPC.

4. Learned counsel for the applicants submits that the applicants have annexed copies of the complaints filed by respondent no.2 before the Magistrate under Section 138 of the Negotiable Instruments Act, 1881 against one Mr. Selvakumar s/o Govindaraj, r/o Pollachi, District Coimbatore, Tamilnadu. Learned counsel submits that it has been specifically stated and alleged in the said complaints that said Selvakumar, being the owner and proprietor of the firm name and styled as M/s. Shreejith Traders, has given five cheques of different amounts covering the said balance amount of Rs.30,77,431/-. Learned counsel for the applicants submits that there is no reference of the applicants in connection with said M/s. Shreejith Traders. Learned counsel submits that the applicants have no concern with the said M/s. Shreejith Traders in any manner. Learned counsel for the applicants submits that since the cheques issued by said Selvakumar were bounced, five complaints under the provisions of the Negotiable Instruments Act, 1881 came to be filed by respondent no.2 before the Judicial Magistrate First Class, Shrirampur. During pendency of the said complaints said Selvakumar died. However, the said complaints, though stand abated, are still pending before the Magistrate. Learned counsel submits that however, in the year 2018, respondent no.2 has instituted Special Civil Suit No. 29 of 2018 against the applicants herein presenting them in the said suit as partners-owners of the said M/s. Shreejith Traders. It has been pleaded in the said suit that deceased Selvakumar, who issued six cheques out of which five cheques were bounced, was the power of attorney-cum-owner of M/s. Shreejith Traders and as such, respondent no.2 is entitled for recovery of the balance amount with interest from the applicants. Learned counsel for the applicants submits that for the first time when the said Selvakumar was no more, respondent no.2 has made certain allegations against the applicants. Learned counsel submits that so far as filing of complaints under Section 138 of the Negotiable Instruments Act, 1881 before the Magistrate, so also institution of the suit with the pleadings as referred above, the same are the undisputed facts. Learned counsel submits that therefore, even though the same is extraneous/defence material, it can be considered for quashing purposes. Learned counsel submits that the aforesaid F.I.R. has been filed maliciously with an ulterior motive. Learned counsel submits that this is nothing but an attempt of conversion of a civ