High CourtsSingle Bench(2021) 03 P&H CK 0397

Baba Dhobiwala Tiles Constt. Co. vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 25 March 2021

HON’BLE JUDGES
Avneesh Jhingan, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 13843 Of 2021

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Judgment

9 paragraphs · 217 words

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

This is a petition for issuance of directions to the official respondents to look into the complaint dated 19.2.2021 (Annexure P-50).

Learned counsel for the petitioner submits that in spite of a complaint made on 19.2.2021, no action is taken. He further argues that in spite of supplying inter-locking cement tiles, the payment for the material was not made. It is a case of false assurance by the accused to make the payment.

From the pleadings and the representation, it is apparent that under an agreement, the petitioner supplied inter-locking cement tiles worth Rs.5,86,755/-. The goods were covered by 17 invoices and were supplied from 14.8.2020 to 25.8.2020. The grievance is that the accused in spite of having received the tiles and utilised the same, flatly refused to make payment.

The issue involved is civil in nature. The matter is only with regard to recovery of sale consideration for the goods supplied. By filing the complaint, only an attempt was made to give it a colour of criminal proceedings.

No directions are called for under Section 482 Cr.P.C.

The petition is dismissed.

Needless to say that the petitioner would be at liberty to avail civil remedies in accordance with law.