ANIL KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for quashing the order dated 29.12.2017 of taking cognizance against the petitioner for the offences punishable under Section 420 read with 34 of IPC in CC.No.61146/2017 passed by the learned XLIII Additional Chief Metropolitan Magistrate, Bengaluru City at Annexure-B.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

(3.) The facts leading to this petition are that on 10.07.2017, the complainant, E. Manoj Kumar filed a complaint to Sub Inspector of Police, HAL Police Station, stating that on 21.06.2017 he had given his laptop (Apple Mac Boo Pro 13.3 Inch) to the service centre for repairs and he had received the job number "N21673". On receiving information from the service centre, he went there and paid Rs.3,600/- towards maintenance charges and they returned invoice bill set via E-Mail. On payment of the amount, he was given a laptop, but it was not in working condition. Therefore, he returned it back for rectification (job No.N21962, N21963). The service centre did not return the laptop. They went on giving evasive reply and they also abused the complainant. The laptop was not returned to the complainant with a dishonest intention. Therefore, they have committed the act of cheating. On the date of registration of the FIR, the service centre officials returned the laptop to the complainant. On registration of the case, the investigation was completed and charge-sheet was filed.