The judgment established the importance of distinguishing civil disputes from criminal offences and emphasized the need for judicial magistrates to exercise caution and apply their minds before referring matters to police investigation under section 156(3) of the Criminal Procedure Code.

ORDER :

By invoking the inherent jurisdiction of this Court, the instant petition has been filed by the petitioners under section 482 of Code of Criminal Procedure, 1973 for quashing the proceedings of FIR registered at crime No. 68/12 at Police Station Talaiya District Bhopal and also for quashing the subsequent proceedings initiated thereupon being abuse of process of law.

2. The brief facts in narrow compass are that respondents No. 2 and 3 against the petitioners alleging commission of offence punishable under sections 420, 406, 415 an 120-B of Indian Penal Code stated that they have done the construction work of Hospital Building of Chirayu Medical College and Hospital which belongs to Chirayu Charitable Trust located at Village Bhainsakhedi, Tahsil Huzoor District Bhopal. It has been further stated that the work of construction was got executed by petitioner No. 1-Dr. Ajay Goenka, Secretary Trustee on behalf of the Trust and the work of construction has been executed by Mr. Vipin Goel. Complainant has further stated that against whom it has been alleged that he has brought certain plant, machinery and construction material from the site. In the month of July, 2010, the complainant has stopped the work of construction and left it due to non-payment. Complainant has left the plant and machinery at the site for being used in construction work. It has been alleged by the complainant that the accused persons are not returning the plant and machinery despite being asked by the complainant and complainant has alleged that they have come to know that one Greaves Concrete Pump Type 350-D machine has been sold by the accused persons to the L.I.C. Construction Co. Pvt. Ltd. Copy of the complaint preferred by the complainant is attached with this petition as Annexure P/3.

3. Petitioners' counsel submitted that the allegations are absolutely false in fact the excess amount has been paid by the petitioners to the complainant of which no proper account has been submitted by the complainant. Thus, it is not the petitioners who have committed fraud with the complainant but it is the complainant who has committed fraud with the petitioners. In the month of July, 2010, complainant has started demanding more money without providing accounts for the amount which had already been paid by the petitioners to the complainant. It has been further submitted that supervisors were also not performing the duties satisfactorily due to which the construction work was hampered badly. On the one hand, the complainant are avoiding to submit the accounts for settlement and on the other hands they are adopting such illegal tactics only to create undue pressure on the petitioners to succumb to their illegal demands. Learned counsel for the petitioners further submitted that no case of cognizable offence is made out against the petitioner. The bare perusal of complaint does not make out any case of criminal nature, hence prayer for quashing the complaint and other proceedings has been made.

4. Learned counsel for the petitioners drew attention of this Court towards the order dated 10-2-2012 passed in unregistered complaint case by learned JMFC, Bhopal whereby the complaint filed by respondents has been referred to police investigation under section 156(3) of Criminal Procedure Code for registration of case. The aforesaid order has been put to challenge by the petitioners availing the remedy of revisional jurisdiction before learned revisional Court which was registered as Criminal Revision No. 127/2012 in the Court of First Additional Sessions Judge, Bhopal, who vide impugned order dated 14-3-2012 has dismissed the revision filed by the petitioners without considering the material aspects of the matter.

5. Learned counsel for the petitioners submitted that both the Courts below have committed grave error in registering the complaint against the petitioners without considering the fact that the dispute between the parties is of civil nature which connotes with rega