IDRIS BHAI Vs. BINOD KHERKHETARI

JUDGEMENT

(1.) In this petition under section 401 read with article 227 of the Constitution of India, the petitioner has prayed for quash in the proceedings in C.R. Case No. 961 of 1984, instituted by Binod Kherkhetari against the proprietor Kamrup Machinery Stores, Gauhau.

(2.) The facts stated in the complaint are as follows. The complainant Binod Kherkhetari is one of the share holders of M/s. Janajati Udyog Rice Mill of North Lakhimpur and he purchased on 20 Horse Power Raja Machine for a rice mill at a price of Rs. 32,000/- from the firm of the accused at Gauhati. The complainant paid the price. There was an arrangement between the parties that the machine would be sent from Gauhati by the North Lakhimpur Road Ways to North Lakhimpur. But the accused sent a machine which purported to be a Raja Machine and the complainant took the delivery of the engine on 1.6.1983 at North Lakhimpur. But the accused sent a Nilam-Engine of low rate instead of 20 Horse Power, Raja-Engine by practising fraud on the complainant After sometime, the crank start of the engine was broken and the said engine was taken to Gauhati on 10.9.1983 by Lorry and the same was kept in the custody of the accused. The accused admitted the guilt and told the complainant that a new engine would be sent. Thereafter, on 6.10.1983 one engine was sent by the accused to the complainant and the complainant took packing delivery of the same from Lakhimpur Road Ways and opened the same, but to his utter surprise he found an unfit 16 H.P. engine of lower price instead of 20 H.P. engine. Thus the accused has played fraud or the complainant causing thereby tremendous loss.

(3.) The complaint was med on 3.9.1984 in the Court of the Judicial Magistrate of the first Class North Lakhimpur. On 5.9.1984, the learned Magistrate of North Lakhimpur took cognizance of an offence punishable under Section 420. I.P.C. and issued processes. Hence this petition for quashing the proceedings on the ground that the learned Magistrate has no territorial jurisdiction.