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HIGH COURT OF UTTARAKHAND
Raj Narender Pal – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT :
Subhash Upadhyay, J.
1. The present Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner assailing the order dated 09.10.2015, passed by learned Judicial Magistrate, IInd, Haridwar, in Misc. Application No. 114 of 2015, Raj Narender Pal vs. Islam and others and the order dated 11.11.2016, passed by learned IIIrd Additional District and Sessions Judge, Haridwar in Criminal Revision No. 560 of 2015, Raj Narender Pal vs. State of Uttarakhand and with the further prayer to direct the learned Magistrate to decide the application of the applicant filed under Section 156(3) Cr.P.C. on its merit.
2. Counsel for the applicant submits that the applicant sold his truck on 08.12.2014 to the respondent no. 4 and the respondent no. 3 was the mediator in the said sale; that a notarize agreement for sale was prepared and it was agreed that the respondent no. 4 shall pay the balance installment of finance company and in the condition of failure of installment, a cheque no. 879283 was given to the applicant by the respondent no.4; that after purchasing the Truck the opposite party no. 4 did not pay any installment to the fin
Criminal proceedings cannot replace civil remedies; disputes of civil nature don't justify criminal actions, reinforcing that the misuse of criminal law for civil matters is an abuse of process.
Criminal proceedings cannot be initiated for purely civil disputes; civil remedies must be exhausted before pursuing criminal action, as it constitutes an abuse of process.
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A criminal complaint must not be lodged when the dispute is primarily civil; therefore, criminal proceedings are an abuse of law.
Criminal proceedings cannot be quashed solely due to the existence of civil remedies; prima facie evidence of criminal offenses warrants trial.
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