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1952 Supreme(J&K) 2

JIA LAL KILAM
Amir Chand – Appellant
Versus
Lok Nath – Respondent


Advocates:
K.D. Raina, for Appellant; Ch. Inder Dass, for Respondent.

ORDER : - This is an application under S. 561 - A of the Criminal P. C., submitted by one Amir Chand for quashing criminal proceedings pending against him in the Court of the Sub - Judge Magistrate Jammu. The complaint against him has been brought on the following facts :

2. That Amir Chand entered into an agreement with the complainant Lok Nath who is a partner of Magotra and Kohli Forest Lessees whereby he stipulated to supply labour to the complainant. The allegation in the complaint further is that the accused made a false representation that he possessed means to supply labour and took Rs. 1000/ - as an advance for this purpose. In addition to this, he took a further sum of Rs. 1000/ - as advance on 18th Baisakh 2008 and also Rs. 70/ - . The complaint further runs that the accused did not possess any labour nor had he ever any intention to supply it. He simply wanted to cheat the complainant of Rs. 2,070/ - thereby causing wrongful gain to himself and wrongful loss to the complainant. A preliminary statement was taken by the Magistrate in which the complainant simply stated that the accused had stipulated to supply labour in pursuance of which he took Rs. 2,070/ - , and tha











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