VED PRAKASH Vs. BHANA ALIAS JAI BHAGWAN

JUDGEMENT

(1.) The petitioner Ved Parkash, who is proprietor of M/s. Saini Beej Bhandar, Opposite New Grain Market, Kurukshetra, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 14-3-2001 (Annexure P-1) filed under Section 420, IPC by the respondent against him as well as the summoning order dated 20-2-2002 {Annexure P-2).

(2.) The petitioner is a registered dealer who sells the certified seeds of various companies. The respondent, describing himself as an agriculturist, filed the complaint dated 14-3-2001 (Annexure P-l) under Section 420, IPC against the petitioner in the Court of Chief Judicial Magistrate, Kurukshetra, by alleging that in the month of September, 2000, the petitioner along with some company officials took out a wide publicity in his village and informed the farmers including the respondent that the quality of the seeds of peas supplied by the petitioner is of good quality. It was further alleged by the respondent that on 18-9-2000 he had purchased 30 Kgs. of seeds of peas from the petitioner, which were sown by him in his fields, but the same were not germinated. It was alleged that the seeds were of poor quality. The respondent further alleged that on 3-10-2000, he again visited the shop of the petitioner and purchased another peas seeds for a sum of Rs. 1,500/- weighing 40 Kgs. The same were also sown in the field but they too did not yield proper crop. In the complaint (Annexure P-l), respondent further alleged that he made a complaint in this regard to the Deputy Commissioner, Kaithal as well as to Krishi Vidyan Kendra and on inquiries by the Experts and Scientists, it was informed that the seed was of poor quality and sub-standard. Therefore, by supplying the poor quality of seed, the petitioner has cheated the respondent for his wrongful gain and wrongful loss to the respondent. The respondent further alleged that in this regard, he has also filed a complaint before the District Consumers Disputes Redressal Forum, Kurukshetra for damages, which is still pending.

(3.) On the basis of the said complaint (Annexure P-l), the petitioner has been summoned by the trial Court vide order dated 20-2-2002 (Annexure P-2) without application of mind, while observing as under :