Law:

Section:

Keywords: Money, Procedure, Loan, Criminal Proceedings, Liability, Cheating, Parties, Loans, Prosecution, Magistrate, Proper Forum, Registered, Civil Court, Pledge, Goods, Proceedings, Pawnee, Dispute, Payment, Remedy, Enforcement, Civil Liability, Quashment, Contract Result: Proceedings quashed JUDGMENT This judgment will dispose of Crl. Misc. Applications Nos. 854 to 857 of 1975. Crl. Misc. Application No. 854 of 1975 has been filed by Ismail who is the owner of a Jewellery shop whereas rest of the applications have been filed by Abdur Razzaq, a servant of Ismail. 2. The brief facts of the case are that the complaints were filed under section 420/406, P. P. C. Against Ismail and his servant Abdur Razzak of which complaint, which is subject-matter of Application No. 854 of 1975 was filed against Ismail and rest of the complaints were filed against his said servant. The allegation in all these complaints is that the applicants who were jewellers by profession also dealt in extending loans on interest on jewellery being pledged with them. The second respondent in these applications had allegedly pledged with the applicants some jewellery and bad borrowed some money. According to them they paid back the principal amount as well as the amount of interest and also handed over the contract form, which had been signed by them at the time of pledging the jewellery but the jewellery was not returned to them by the applicant. They therefore reported the matter to the Police. Consequently a case, under section 420/406, P. P. C. Was registered against the applicants. 3. The learned counsel for the applicants argued that if the applicants had any liability towards the second respondent in the said business, it was of a civil nature. According to him the same was covered by sec tion 172/173 of the Contract Act, which deals with bailments and pledges. According to section 173 of the Contract Act a pawnee could retain the goods pledged not only for the payment of the debt but also for the interest…

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