INDER SINGH, MANAGING DIRECTOR Vs. HARDEV SINGH

JUDGEMENT

(1.) THIS judgment will also dispose of Criminal Misc. No. 14482-M of 1990 V.S. Devgun vs. Hardev Singh, as the question of law involved in both the cases is the same.

(2.) INDER Singh and others and Mr. V.S Devgun, petitioner in Criminal Misc. No. 14482-M of 1990, filed these petition under Section 482 of the Criminal Procedure Code for quashing the complaint dated 26.10.1990, Annexure p/1) and the order dated 27.10.1990 (Annexure p/2) passed by Sub-Divisional Judicial Magistrate, Kharar whereby they were summoned to face a charge under Section 420 of the Indian Penal Code.

(3.) THE petitioners had not denied the allegations regarding the return of the first bus as well as supply of the second bus, but it was contended that the complainant had placed an order for the purchase of a reconditioned bus and in pursuance to that order he was supplied the same bus which was originally given to him, after it was renovated and defects were removed. The order for the purchase of bus was placed by M/s Indersons Motors on M/s Swaraj Mazda Limited on 11-4-1989 copy, of which was Annexure p/3 and on the basis of this requisition form bus was supplied. In fact there was no defect in the engine of the vehicle and the defect was only the body which was removed. The price of new bus was Rs. 4,14, 422-0O while a sum of Rs. 3,92,545.00 only was received from the complainant and out of this amount a further discount of Rs. 13,153.00 was given to him. The price for the reconditioned bus was the same which was the price originally charged when the first bus was delivered in May, 1989. No misrepresentation was made to the petitioners nor any case of cheating the complainant was made out and by filing the complaint Hardev Singh made an abuse of the process of the Court by putting pressure on the petitioners to pay him more money under threat of prosecution.