NESTLE INDIA LTD Vs. DINESH KUMAR

JUDGEMENT

(1.) Respondent No. 1 by Shri Vijay Sharma, Advocate Respondent No. 2 by Smt. Mamta Shandilya, Panel Lawyer.

(2.) Being aggrieved by the order dated 13-8-2009 passed by J.M.F.C, Mhow in Cri. Case No. 1098/2003, whereby the charge has been framed against the petitioner for an offence alleged to have been committed under section 420, Indian Penal Code, the present petition has been filed.

(3.) Short facts of the case are that respondent No. 1 filed a private complaint against the petitioner on 3-12-2003 under section 24, 25, 191, 200 and 420, Indian Penal Code alleging that the respondent No. 1 purchased three packets of Nescafe Coffee on 20-3-2003 from a vendor at Mhow. It was alleged that petitioner was having apprehension that weight of coffee in the packets is less. It was alleged that in the circumstances respondent No. 1 opened each of the packets in presence of witnesses and got the same measured. It was alleged that upon measuring it was found that all the three packets, which ought to have 15 gms was having the coffee of 12 gms in one packet and 5 gms. in other two packets. It was alleged that by giving less quantity of the coffee as declared on the packets petitioner has committed an offence punishable under section 420 Indian Penal Code, hence the petitioner has cheated the respondent No. 1. In the complaint it was alleged that after taking cognizance of the offence and also notice to the respondent-petitioner be convicted.