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SANT RAM & ORS. versus STATE OF PUNJAB & ANR.

High Court of Punjab and Haryana, Chandigarh

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Sant Ram & Ors. v. State of Punjab & anr. - CRM-27251-M-2005 [2006] RD-P&H 3777 (6 July 2006)

Crl.M.No.27251-M of 2005

Sant Ram & Ors. v. State of Punjab & anr.

* * *

Present: Mr. Ashok Kaushik, Advocate for the petitioners.

Mr. B.S. Baath, AAG, Punjab.

* * *

Prayer in this petition is for quashing of complaint filed by respondent No.2 and the order dated 3.1.2004 summoning the petitioners.

Counsel for the petitioners contends that the perusal of the complaint and the summoning order do not reveal the commission of any offence. The petitioners, as per allegations in the complaint, purchased seven buffaloes but did not make payment in respect thereof. It is contended that the petitioners have returned the buffaloes and therefore, the present complaint and the summoning order be quashed.

Despite service no one has appeared for respondent No.2, the complainant.

I have heard learned counsel for the petitioners and perused the paper book. The question whether the petitioners committed an offence and or returned the buffaloes, before filing of the complaint are disputed questions of fact that can only be adjudicated before the trial Court on the basis of the evidence to be adduced.

Dismissed.

July 11, 2006 (RAJIVE BHALLA)

ps JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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