Excelsior Correspondent
JAMMU, Apr 18: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today held that criminal proceedings should not be permitted to become weapon of harassment for imminent settlement of a dispute.
The observation has been made in an application filed by one Goutam Singh seeking invocation of Section 156(3) of CrPC in order to get an FIR registered against non-applicant by SHO Police Station Kana Chak under relevant provisions of Penal Code for passing life threats to him.
After going through the application, the CJM observed, “the grievance projected by applicant, indeed – is pre-dominantly rooted in issuance of 17 cheques allegedly by non-applicant to applicant in connection with the sale transaction of vehicle and those cheques subsequently, as per applicant, getting bounced/dis-honoured when presented in the bank concerned”.
“In face of this admitted position, by all accounts, remedy available to him (applicant) is under relevant provision of Negotiable Instruments Act and by filing instant application, applicant only displays a penchant desire to apply pressure on non-applicant through criminal prosecution for an imminent settlement of his grievance, a course which is not permissible in law”, the court said.
“Vague and bald allegations of passing of threats, on facts, is simply a camouflage by applicant to give criminal colour and complexion to the application and allegations therein. The criminal proceedings should not be permitted to become weapon of harassment for imminent settlement of a dispute”, CJM said.
The court while dismissing the application observed, “instant application does not disclose commission of any cognizable offence by non-applicant and same has been filed just to abuse the process of law by giving colour and complexion of criminal case to a dispute which squarely falls within ambit of Negotiable Instruments Act”, adding “applicant shall do well to desist from instituting frivolous applications like one on hand in future”.
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