SANJAY GUPTA Vs. SURAJ SINGH

JUDGEMENT

(1.) This application under section 482 Crimial P.C. is filed for quashment of criminal complaint bearing no.131/2010 under section 420 of Penal Code pending before the Judicial Magistrate First Class, Shujalpur Distrct Shajapur.

(2.) According to the facts giving rise to this application, on 04.10.2006, the complainant who is respondent No.1 before this Court submitted an application before Sehore office of Mahindra Financial Services Limited, whose Branch Managers were the respondent No.2 and the applicant. A 25 seater bus was provided to the complainant after sanctioning a loan of Rs. 7,35,000.00 and the bus was delivered to him at his resident situated at village Harda, Tehsil Kalapipal, District Shajapur. On 11.05.2007, the vehicle developed some snag and mechanic was called from Sehore who advised that the vehicle should be shifted to workshop situated at Bhopal. The vehicle was taken to Bhopal where it was informed by the workers working there that the bus is not 32 seater but 25 seater and, therefore, realising that he was cheated by the respondent No.2 and the present applicant. He filed a criminal complaint before the Judicial Magistrate.

(3.) Prior to filing the criminal complaint, he also approached District Consumer Forum where he suffered an adverse order.