NEERAJ SHARMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case has been filed under Section 482 Cr.P.C. to quash the proceedings in crime No.449/2013 of Hosdurg police station, Kasaragode district.

(2.) Petitioners are the accused in the above crime. First petitioner is the proprietor and second petitioner is the Managing Director of M/s. Aura Exim based in New Delhi. Second respondent filed a private complaint before the Judicial First Class Magistrate Court-I, Hosdurg which was forwarded under Section 156(3) for investigation.

(3.) According to the petitioners, second respondent was conducting business in the name and style M/s.Malakkallu Stone Crusher. He purchased a rock breaker bucket on 05.09.2011 from the petitioners for a price of Rs.11,60,000/-. Due to the mishandling of the machinery by the non-expert employee of the second respondent, the machine stopped functioning and it is admitted by the second respondent that twice it was repaired at the instance of the petitioners. But he was not satisfied with the purchase of the machine and thereafter Annexure AI complaint was filed. The allegations in the complaint would not attract any of the ingredients to constitute the commission of offence under Section 420 IPC and the court below mechanically forwarded the complaint to the police. Hence this case to quash Annexure-A2 FIR.