PRESIDENT HINDUSTAN MOTORS LTD Vs. K M JOSEPH

JUDGEMENT

(1.) Out of the four accused in C. C. No. 274 of 1974 on the file of the Chief Judicial Magistrate's Court, Kottayam, the 1st and 2nd accused have filed this petition. The 1st petitioner is the 1st accused and the 2nd petitioner is the 2nd accused. The first petitioner is described as the president of the Hindustan Motors Ltd., Hind Motor, Hooghly, West Bengal, and the 2nd petitioner is described as Mr. S. K. Datta, Service Coordination Manager, Hindustan Motors Ltd., Hind Motor, Hooghly, West Bengal (Project Service Division). The 3rd and 4th accused are respectively, M/s. Marikkar (Motors) Ltd., Trivandrum and Mr. Ummer, Manager, M/s. Marikkar (Motors) Ltd., Kottayam. The complainant in the criminal case is one K. M. Joseph of Kanjirappally.

(2.) The averments in the complaint against the four accused persons are, in short, as follows. The complainant booked with the branch office of M/s. Marikkar (Motors) Ltd., Kottayam on 3-11-1973, for the purchase of a new Ambassador car for his daughter. Necessary earnest money of Rs. 4000/- was deposited. The complainant received the intimation that the car was ready for delivery and he paid Rs. 34,479.00 on 29-8-1974 and the car was registered as K.L.O. 2847. The complainant took delivery of the car on 5-9-1974. After taking delivery of the car, the complainant discovered several defects to the car. There was profuse smoke in the exhaust and heavy oil consumption. The car was taken back to the 4th accused on 7-9-1974. The piston rings were changed and the car was given back to the complainant on 11-9-1974. Even after the repairs, the car was found to be unsatisfactory in its working. The complainant found that the bores were sleeved, which allegation was denied by the 4th accused. The defects with the car are shown in Para.6 of the complaint as follows:

(3.) On these materials a complaint was filed under S.420 of the Indian Penal Code read with S.34 I.P.C. against the four accused. The present application is filed under S.482 Cr. P. C. by the two petitioners before me, to call for the papers from the file of the Chief Judicial Magistrate's Court in C. C. No. 224 of 1974 and to quash the complaint.