1. The accused in CC No. 321/2013 on the file of the Judicial First Class Magistrate Court-II, Mavelikkara, has filed this petition to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’).

2. It is alleged in the petition that petitioner is the sole accused in CC No. 321/2013 pending before the Judicial First Class Magistrate Court-ll, Mavelikkara. The case was originated on the basis of a written complaint filed by the second respondent before the Deputy Superintendent of Police, Chengannur, which was forwarded to the concerned Police Station through proper channel and a crime was registered as Crime No. 741/2012 under Section 420 of the Indian Penal Code of Mannar Police Station. The allegation in the complaint was that the second respondent, who is the de facto complainant, was running an educational consultancy by name Jincy Nursing Net and they were arranging for students for professional courses in neighbouring States. The petitioner, who is also conducting such similar consultancy, has business contacts with second respondent and second respondent arranged admission to the students in Bangalore through the petitioner’s concern for which he was paying service charges. Contrary to the agreement, the petitioner failed to pay service charges due to the second respondent for the year 2011 -12 to the tune of Rs.3,52,210/- and in spite of repeated demands, he did not pay the amount. So he had committed the offence punishable under Section 420 of the Indian Penal Code. After investigation, Annexure-1 final report was filed before the Judicial First Class Magistrate Court-ll, Mavelikkara and the same was taken on file as CC. No. 321/2013 under Section 420 of the Indian Penal Code by the learned Magistrate. According to the petitioner, even assuming that the entire allegations in the complaint are true and genuine, it only shows that there was some business transaction between the petitioner and the second respondent and some amounts were due from the petitioner to the second respondent and as such, no criminal offence was made out and it is only a pure civil dispute and the present complaint has been filed having civil nature before a Criminal Court so as to pressurise the petitioner \o se\fie\he civil dispute between the parties and it is an abuse of process of Court. So no offence under Section 420 of the Indian Penal Code is made out and, as such, the complaint is not maintainable and the same is liable to be quashed. So the petitioner has filed this petition under Section 482 of the Code seeking the following relief:

For these and other reasons urged at the time of hearing it is humbly prayed that this Hon’ble Court may be pleased to quash Annexure-1 Final Report in CC. No. 321/2013 pending before the Judicial First Class Magistrate Court-II Mavelikkara by allowing this Criminal Miscellaneous Case.

3. Heard the counsel for the second respondent and the learned Public Prosecutor.

4. The counsel for the petitioner submitted that even assuming that the entire allegations in the complaint are admitted to be true, it is only a pure business transaction and a contract to pay service charges for arranging admission for students through their consultancy and even as per the allegations, major portion of the amount has been paid and only a small portion is due and that will only amount to settlement of accounts which is a civil dispute and not a criminal offence. He had relied on the decisions reported in Hah Prasad Chamaria v. Bishun Kumar Surekha and Others (AIR 1974 SC 301), The State of Kerala v. V.A. Pareed Pillai ((1972) 3 SCC 661)and V. Y. Jose and Another v. State of Gujarat and Another ((2009) 3 SCC 78)in support of his case.

5. On the other hand, the learned counsel for the second respondent submitted that even in a case where civil remedy is available, if criminal offence is also made out merely because civil remedy available is not a ground to quash the proce