GOLDY PREMY Vs. ALANKAR VASHISHTHA AND OTHERS

JUDGEMENT

(1.) The applicant has preferred the present revision against the order dated 20.08.2010 passed by the Additional Judge to the Court of IV Additional Sessions Judge (Fast Track) Guna (M.P.), in Criminal Revision No.118/2010 whereby the order dated 24.02.2010 passed by the Chief Judicial Magistrate, Guna (M.P.) under Section 203 of the Code of Criminal Procedure (for brevity "the Code") in an unregistered criminal complaint "Alankar Vashishtha Vs. Goldy Premy and another" was reversed and the matter was remanded for registration of the complaint case against the applicant - Goldy Premy.

(2.) Facts of the case, in short, are that on 03.12.2007, the respondent No.1/complainant had purchased one mobile phone from the shop of the applicant - Goldy Premy. Mobile was of Air Tel Company having a prepaid Sim in the mobile. It was informed by the applicant that the talk-time of 2299 minutes was free between Air Tel to Air Tel phones and such validity was for two years. After activating the SIM, a message was received by the complainant that only free talk-time for 2000 minutes with the validity of one year was given. When the complainant enquired from the applicant -Goldy Premy for such misrepresentation then he informed that the validity of talk-time and period of talktime will be increased after sometime, however, such period was not increased, therefore, the complainant lodged a criminal complaint of offence under Sections 420 and 120-B of IPC against the applicant Goldy Premy and one Mahesh Thampi, Chief Executive Officer, Air Tel Mobile Services, M.P. & C.G.

(3.) The Chief Judicial Magistrate, Guna (M.P.) vide order dated 24.02.2010 dismissed the criminal complaint under Section 203 of the Code whereas the revisionary court reversed the order of the trial court and directed to register the complaint against the applicant for the offence under Sections 420 and 120-B of IPC.