GENERAL MANAGER Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal procedure, the applicants are challenging the process issued by the Judicial magistrate First Class, Ratlam against the present applicants on a complaint filed by one Ashok Chaurdia, S/o. Samrathmalji Chaurdia.

(2.) SHORT facts necessary for disposal of the present petition are that the complainant filed a complaint under Section 190 of the Code of Criminal Procedure against non-applicant Prabandh Sanchalak Mr. S. S. Lee of Samsung India electronics Limited submitting interalia that the accused persons had largely advertised their products and had issued brochures in support of their products.

(3.) ACCORDING to the complainant, he had purchased a television on 18. 4. 2003 from one M/s. Ibrahim Brothers, distributor/dealer of M/s. Samsung India Electronics Limited. According to the complainant, the complainant was told that the screen was 29 inches. The complainant, who was possessed a Soni Television of 21 inches was persuaded by the talks and advertisement and purchased a television having screen of 29 inches. After sometime, the complainant found that the screen was not 29 inches, therefore, he measured the screen and found that the screen was only 27 inches. It is to be noted that the length of the screen is measured diagonally and not horizontally. The case of the complainant was that the diagonal dimension of the screen was 27 inches.