ANAND MAHINDRA Vs. SAUDAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dtd. 16/5/2006 passed by the learned Single Judge of the High Court of Madhya Pradesh, Gwalior Bench in Misc. Criminal Case No. 2299 whereby and whereunder an application filed by the appellant herein for quashing of a complaint under Ss. 379,406,420,467 r/w 120-B of the Indian Penal Code filed by the first respondent, whereupon cognizance has been taken by the Additional Chief Judicial Magistrate, Vidisha by an order dtd. 6/3/1998, was dismissed.

(3.) Appellant herein is the Managing Director of M/s Mahindra and Mahindra Ltd., a Public Limited Company manufacturing vehicles including one known as Commander Jeep. Indisputably, the Company has appointed dealers to sell their products. First respondent herein is said to have purchased one Commander Jeep from Bhopal Motors Ltd. on 19/9/1997. The said vehicle was found to be defective. According to the complainant in place of new engine an old engine was fitted and thereupon old engine No. embossed. It was further stated that gear box and clutch plates of the vehicle were not from the original company and it got slipped once the vehicle ran.