PAVAN KUMAR GOENKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section-482 of Code of Criminal Procedure, 1973 for quashing of the F.I.R. being C.R. No. 147 of 2015 registered with Chhani Police Station, District-Vadodara. The F.I.R. is registered for the offence under Sections 406, 418, 420 and 120(B) of the Indian Penal Code.

(2.) In the aforementioned F.I.R. filed at the behest of the respondent No.2 alleging that the complainant has filed the complaint on behalf of the owner of the Motor Vehicle; "Rexton RX 7" purchased in the name of Laxmiben Narsinhbhai Parmar manufactured by Mahindra and Mahindra Company and purchased through the authorized dealer namely Caravel Motors Ltd.

(3.) It is alleged that after the purchase of the said vehicle immediately, the complainant complained of fault in the vehicle for which the vehicle was taken for repair and after sometime, upon convincing the complainant, the authorized dealer-cum-Service Station informed that the defect is resolved and vehicle was received back. However, defect persisted once again. The vehicle was sent for repair, but again there was no improvement in the quality of vehicle, for which the complainant had filed the complaint with the Consumer Commission and with a purpose to get that the complaint withdrawn, the complainant was assaulted, for which separate offence was filed. Thereafter, though the complainant had paid full amount of Rupees Twenty Three Lakhs for the vehicle, but the vehicle did not appear to be genuine vehicle. The complainant doubted that knowingly the defective piece of the motor vehicle was passed on for financial gains. Therefore, the complainant had made the complaint before the Authorities. However, such complaint was not responded. Hence, the complainant had to file Special Criminal Application No.5575 of 2015, wherein by order dated 28-09-2015, the High Court passed order to the Authorities to take necessary action. Thereafter, the F.I.R. came to be registered.