Point of Law: Section 24 of the Act provides provision for payment of compensation caused to hirer, by way of loss, destruction, damage, deterioration or non-delivery of the goods stored in his cold storage and such loss destruction, damage, deterioration or non-delivery of the goods, is owing to negligence, misconduct or default on the part of such licensee i.e. it is limited only to the negligence, misconduct or default on the part of licensee and if by such negligence, misconduct or default on the part of such licensee, same damage, loss, destruction or deterioration or non delivery of goods stored in above cold storage is being caused to hirer, then the compensation is to be adjudged under section 25 of the Act, and is with regard to above liability, which falls under Section 24 of the Act.

JUDGMENT :

1. The applicants namely, Chhitar Singh, Tejveer Singh and Neeraj Singh, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer for quashing impugned order dated 1.5.2019, 10.10.2017, 18.11.2019 and 5.2.2020, passed by learned Judicial Magistrate, Iglas, District Aligarh, with entire proceeding of Complaint Case No. 615 of 2017, Karamveer Singh Vs. Chittar Singh and others, pending in the court of learned Judicial Magistrate, Iglas, Aligarh, under Section 406 IPC, P.S. Iglas, District Aligarh.

2. Heard learned counsel for the applicants and learned A.G.A. for the State.

3. Learned counsel for the applicants argued that this Court in a proceeding under Section 482 of Cr.P.C. No. 46991 of 2019, Chittar Singh and others Vs. State of U.P. and another, vide order 7.1.2020, has directed learned trial Court for getting a report from District Horticulture Officer, Aligarh, with regard to reference to be made under Section 25 of U.P. Regulation of Cold Storage Act, 1976 (hereinafter referred to as 'Act') and if reference, as per provision of above Act was there and report is being submitted, then after case may be proceeded in accordance with above legal provision. A report from District Horticulture Officer of Aligarh was obtained, wherein, finding of liability of Rs. 62,392/-, was reported by District Horticulture Officer of Aligarh. It has been mentioned in its report that a complaint was made by Karamveer Singh in Kisan Diwas, held on 19.10.2016, which is entered in serial No. 478, regarding deposit of potato on two dates by two receipts in cold storage of M/s RSD Ice and Cold Storage Pvt. Ltd. G-28, Gyan Sarover Colony, Ramghat Road Aligarh, U.P., and it was usurped by owner of above cold storage. Payment of same was not made. District Horticulture Officer issued notice to owner of cold storage as well as complainant, whereupon, some compromise on 28.11.2016, was entered in between, but there is no reference as to whether that compromise was obeyed or not. But the compromise entered in between makes the accounting as above, resulting liability of Rs. 62392/-, and trial Court after this report, proceeded by way of issuing coercive process against applicants. But it was neither a reference made to District Horticulture Officer not a disposal of reference as per provision of above Act. Section 25 of said Act makes a provision that amount fixed by District Horticulture Officer, will be recoverable as land revenue and recovery certificate is to be issued to Revenue Officer i.e. District Collector and the same shall be acted upon in the way of recovery of public money as land revenue. No coercive criminal proceeding is to be instituted under above provision. Hence, the very contention, since the beginning, by applicants, was neither adjudged by District Horticulture Officer nor by Magistrate concerned nor by revisional court and all those impugned orders are under abuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer.

4. Learned AGA has vehemently opposed the above prayer.

5. From the very perusal of complaint, it is apparent that the same was filed by Karamveer Singh against Chhitar Singh and Tejveer Singh, with accusation of offence of criminal breach of trust. It was specifically accused that potato in two lots were deposited in above cold storage, but the same was sold for personal benefit by accused persons and the money was usurped. For this offence, there was summoning for offence punishable under Section 406 of IPC. This summoning order was challenged before revisional Court of Session Judge, Aligarh, in Criminal Revision No. 19/2018, wherein, after hearing both sides, revision was dismissed. Thereby, impugned summoning order dated 10.10.2017 was confirmed. A proceeding under Section 482 of Cr.P.C. was filed with above contention of Section 25 of Act as above and this Court perusing the admission of act