KARAMAT NAZIR BHANDARI, J.- This Constitutional petition seeks quashment of allegations levelled in FIR No. 369/94, registered on the statement of respondent No. 4. The case has remained under investigation. On the last date of hearing the time was allowed to the Police Officer to make up his mind and to state in Court the exact conclusion reached by the Investigating Officer. It is stated that the legal advice rendered to the Investigator is that it seems to be a matter of civil nature.
2. The perusal of the FIR otherwise shows that even if the main allegations are admitted to be correct, no offence such as alleged can be said to have been made out. It is a case of supply of goods and failure to pay the price as promised. Learned counsel has also urged that civil suit for rendition of accounts between the parties is also pending. In the circumstances, registeration of a criminal case seems to be an abuse of process of Court, inasmuch as, the criminal machinary is being used to recover the money and enforce the alleged civil liability. This petition is allowed and the allegations levellled in the FIR are quashed.