SANJIV ARORA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code Criminal Procedure, 1973 seeking quashing of the FIR No. 154 dated 19.8.2007 registered under Section 420 of the Indian Penal Code (IPC' for short) at Police Station Salem Tabri, Ludhiana (Annexure P1) and all consequential proceedings arising therefrom.

(2.) The prosecution story, in brief, is that the complainant booked one Oicial Company multi head Computerized Embroidery Machine 12 head with sequin attachment from the accused. The said machine was to be imported from China in December, 2005. The complainant paid a sum of Rs. 10,60,000/- to the accused. The machine was delivered in April 2006. The machine did not work properly and, as a result, a complaint was made to the accused. The accused tried his best to get the machine repaired but the fault could not be corrected. The mechanics from China were called but they could not correct the fault. However, they promised to exchange the machine with a new one. When the machine was ready for delivery in Ludhiana from China, the accused again demanded Rs. 1,50,000/- towards ancillary charges. The said amount was paid to the accused by the complainant through cheque. Although the complainant had booked an automatic machine but he was delivered an ordinary machine. The accused promised to return Rs. 4,10,000/- qua the difference in sale price of the machine. A few machines were sent to the accused from China for delivery but he sold the same in the open market, instead of handing over the same to the complainant. The accused issued a cheque of Rs. 1,50,000/- dated 17.2.2007 in favour of the complainant but the same was dishonoured when it was presented for encashment.

(3.) Learned counsel for the petitioner has submitted that no criminal offence was made out in the present case. In fact, the dispute was purely civil in nature.