RAMESH KUMAR JAIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. B. N. Majumder, learned Counsel for the petitioners and Mr. B. Das, learned Senior Counsel for the respondent No. 2. Also heard mr. R. C. Debnath, learned P. P. in-charge appearing for the respondent No. 1.

(2.) THIS application under Section 482 cr. P. C. read with Article 227 of the Constitution of India has been filed by the petitioners for setting aside the judgment dated 12-9-2002 passed by the learned Sessions judge, West Tripura, Agartala in Criminal revision No. 51 (3)/2000 wherein and whereby the order dated 16-9-2000 passed by the Judicial Magistrate, 1st Class, Court no. 1, Agartala in Cr. Case No. 3142 of 2000 was upheld.

(3.) THE petitioner No. 1 is the proprietor of M/s. Jain Udyog, Agartala dealing in as an authorized dealer of Maruti Udyog Limited having their Sales Office-cum-workshop at Arundhutinagar, Agartala and the petitioner no. 2 is a worker under the petitioner no. 1. The respondent No. 2 filed a complaint petition before the Chief Judicial Magistrate, west Tripura, Agartala against the present petitioners alleging commission of offence under Sections 420/465/468/471 IPC. The case of the complainant respondent No. 2 was that he owned a Maruti-800 car having registration No. TR-01-A-0755, which got damaged due to an accident and the said car was given to the petitioners firm for replacement of damaged door by a new one. The car was placed at the petitioners workshop at arundhutinagar on 17-5-2000 and the petitioners assured replacement of the door by a new one within ten days, but it could not be done so even after twenty five days. Thereafter, the car was delivered to the complainant respondent No. 2 only on 13-6-2000 and he paid Rs. 16,412/-, but it was detected that there was no replacement of the damaged door by a new one as assured and in fact, no new part was also used. On the basis of the said complaint, the judicial Magistrate, as assigned by the Chief judicial Magistrate, examined the complainant respondent No. 2 under Section 200 Cr. P. C. and took cognizance of the offence under the aforesaid Sections of the IPC and issued summons upon the petitioners by an order dated 16-9-2000.