MANAGING DIRECTOR TATA FINANCE LTD Vs. SANJAY AGENCY

JUDGEMENT

(1.) This application under S. 482, Cr. P. C. has been filed by accused Nos. 2 and 4 in I. C. C. No. 214 of 1996 of the Court of S. D. J. M., Bhubaneswar with the prayer to quash the complaint and the order of cognizance and issue of process under Section 204, Cr. P.C. passed against them on 4-11-1997.

(2.) The complainant/opposite party No. 1 on 15-7-1994 purchased and delivered with a 'Tata Estate Car'. Because of mechanical defects in that vehicle and, as alleged, sub-standard mechinaries, the complainant alleged the offence of cheating punishable under Ss. 417 and 420, I. P. C. Learned S. D. J. M., Bhubaneswar on 4-11-1997 took cognizance of that offence on the basis of the averments made in the complaint as well as initial statement of the complainant and, vide the impugned order, issued process against the accused persons in accordance with the provisions in Section 204, Cr. P. C.

(3.) In the application under S. 482, Cr. P. C. supported by affidavit of the accused No. 4 while denying to the accusation, the petitioners have asserted that the complaint and the initial statement read together do not disclose existence of a prima facie case for the aforesaid offences as against the petitioners and therefore, the order relating to issue of process on the basis of cognizance order is bad in law and non-sustainable. They have also alleged that, after being unsuccessful in the Consumer Redressal Forum and the Civil Court in obtaining any interim or final order relating to the claim of damage, the complainant at a belated stage has engineered such a complaint, which amounts to abuse of process of Court. Petitioners have also stated and argued that without due application of mind learned S. D. J. M. passed order for issue of process; therefore, S. D. J. M. passed order for issue of process; therefore, such order is illegal and non-sustainable. Though opposite party after receipt of notice entered appearance through counsel but did not file any counter affidavit denying to the aforesaid assertion and allegations advanced by the petitioners.