( 1 ) RULE. In both these applications, Ms. Manisha Shah, learned APP waives service of notice of rule on behalf of respondent No. 1 and Mr. Utpal Panchal, learned advocate waives service of notice of rule on behalf of respondent No. 2. With the consent of the parties, both the matters are taken up for hearing today.

( 2 ) INSTEAD of approaching Civil Court for getting appropriate money decree, the complainant has rushed before the Criminal Court by filing these complaints. The tendency of filing criminal cases in the matter of a civil nature is increasing day-by-day, perhaps with a view to see that the complainant may get quick result of his case.

( 3 ) SO far as Criminal Misc. Application No. 11145 of 2004 is concerned, the respondent No. 2 has filed the said complaint against the applicants, i. e. , a limited company and its directors under Sections 406, 420, 323, 504, 506 (1) and 114 of Indian Penal Code. The aforesaid complaint is filed before the Judicial Magistrate, First Class, Surat as Criminal Case No. 1595 of 2003. As per the allegations made in the complaint, the applicants No. 2 and 3 have represented to respondent No. 2 that if the coal is sold to them, the payment wi

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