MUKESH DHIRUBHAI AMBANI Vs. PRAFULLA KUMAR MISHRA

JUDGEMENT

(1.) In this petition under Section 482 of Cr.P.C. the petitioner has prayed to quash the entire criminal proceeding, instituted in the Court of learned S.D.J.M. (P) at Uditnagar vide I.C.C. case No. 226 of 2004.

(2.) The petitioner is one of the accused and the Opp. party No. 1 is the complainant in the aforesaid complaint case. The facts as borne out from the complaint petition succinctly stated are that being influenced by the accused persons by their high profile media hype, the complainant became one of their customers under the scheme titled as "KARLO DUNIYA MUTHI MEIN" and made an application in the prescribed form to the accused company through their local dealer-accused No. 5. He deposited Rs. 5017- in the shape of demand draft drawn in favour of the company in the month of August, 2003 and was provided with a mobile set bearing cell phone No. 310611. It was assured by accused No. 5 that the communication net work through the mobile set under the aforesaid scheme would work round the clock. But when the complainant operated the mobile set, he found the local mobile phone services so also out side services quite unsatisfactory. The mobile set also developed mechanical troubles frequently, for which the complainant returned it to accused No. 5 for repairing, time and again. Finally he returned the same to accused No. 5 on 25th September 2003, which is lying with him since then. Despite it false and fabricated telephone bills are being raised and sent to the complainant on each month. On receipt of the fabricated bills, the complainant raised objections before the accused persons many a times, but to no effect. Hence, he filed the complaint case to initiate a proceeding under Sections 199/406/409/418/420/427/468/477(A) read with Section 34 of I.P.C. against the accused persons and to punish them as per law.

(3.) On 19.4.2005 after going through the complaint petition, initial statement of the complainant and statement of witnesses recorded under Section 202 of Cr.P.C, the S.D.J.M. (P) at Uditnagar took cognizance of the aforesaid offences against the accused persons including the petitioner. Being aggrieved with the said order, the petitioner has filed this criminal Misc. Case No. 1924/2005 to quash the entire criminal proceeding.