RAKESH AGARWAL Vs. RAM AVATAR BANSAL

JUDGEMENT

(1.) Heard Mr. B. Kaushik, learned counsel for the petitioners as well as Mr. A.J. Hazarika, learned counsel appearing for and on behalf of the respondent No.1.

(2.) By filing this revision us.482 CrPC, the petitioner has prayed for setting aside the order of taking cognizance and issuing process to the petitioners on 21.12.2015, by the Court of learned Judicial Magistrate 1st Class, Kamrup (M) at Guwahati, in C.R. Case No.33372014, us.420406417 IPC.

(3.) Briefly stated the case of the petitioners is that on 08.12.2014, the respondent No.1 filed a complaint before the learned CJM, Kamrup (M) at Guwahati, inter alia alleging that in the month of NovemberDecember, 2011, the present petitioners represented themselves before the respondent No.1, as reputed dealers of coal and requested them to place order for delivery of coal on various occasions. On repeated approach by the petitioners, the respondent No.1 fell prey and was lured by the inducement made by the petitioners and thus placed an order for supply of coal by paying a sum of Rs.90,000. The respondent No.1 deposited the money in the Bank Account of the petitioner No.1. But the petitioners, as assured by them, failed to deliver the ordered coal and thereby kept on giving assurance that the coal will be delivered soon. However, on being failed to deliver the coal, the respondent No.1 made demand for refund of the money paid by him on 12.01.2012, for supply of coal, along with interest @18%. The petitioners thereafter on the pretext of several false assurances, requested the respondent No.1 to grant them some time for refund of the money and on being failed to honour the assurance made by the petitioners, the respondent No.1, in August, 2014, visited Margherita personally to get refund of the money but instead of making the payment, the petitioners behaved rudely with the respondent No.1 and driven out him from their office.