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Judgment
Raj Mani Chauhan, J.
Argument is that even on accepting the allegations as made in the first information report it can be said to be a dispute of civil nature and the remedy of the respondent no. 4, if any, can be to file suit for accounting or to get the matter settled other way. Submission is that according to the petit3885ioners the damaged goods were returned and remaining amount was paid and, therefore, lodging of the first information report is just harassment of the petitioners.
It is further submitted that the dispute, if any, can be said to be in respect of business transaction and that can always be reconciled, if it is sent to Mediation Center and the respondent no. 4 is asked to appear along with all the records.
In view of the aforesaid, let the matter be posted on 9.7.2009.
Sri Anurag, learned Advocate who has filed counter affidavit on behalf of respondent no. 4 is taken on record. Learned A.G.A. represents respondent no. 1 to 3.
Registry is directed to send the papers to Mediation Center and as respondent no. 4 is represented no notice is required to be sent and thus both parties are to appear and, if possible, to get their dispute settled.
In the meantime it is directed that till the next date of listing or till submission of charge sheet under Section 173 Cr. P.C. whichever is earlier petitioners will not be arrested pursuant to the first information report registered at case crime no. 172 of 2009, under Sections 406, 420 I.P.C., Police Station Palia Kalan, district Lakhimpur Kheeri. However, investigation may go on to which petitioners shall cooperate.