JUDGMENT

Arun Monga. J. - It would be trite to quote that a dynamic civil society having Rule of Law requires strong and efficient criminal justice system. Bounden duty of the State is that Rule of Law is guaranteed to every citizen of the country. However, criminal proceedings cannot be instituted/initiated invoking State machinery as a short cut to other civil remedies, which may otherwise be available in law, merely because the same are not equally efficacious. Neither the criminal proceedings are to be resorted for settling personal civil disputes between the parties nor to get even with an opposite party or for criminal inculpation to satisfy personal grievance. The rampant tendency of invoking State criminal machinery in the disputes arising out of commercial contracts, which are essentially civil in nature, needs to be deprecated. In this context, the Apex Court in case titled as "Sheo Nandan Paswan vs. State of Bihar and others" 1987(1) SCC 288 observed thus:

"(...) a criminal proceeding is not a proceeding for vindication of a private grievance but it is a proceeding initiated for the purpose of punishment to the offender in the interest of the society. It is for maintaining