SUNIL OBEROI Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Section 482, Code of Criminal Procedure. First Information Report No. 30 dated January 25, 1986, under Sections 406 and 420, Indian Penal Code, registered at Police Station, Narnaul, against the petitioner Sunil Oberoi and Satish Oberio is sought to be quashed.

(2.) IN the impugned First Information Report it is alleged by the complainant Ram Kumar that he was acquainted with the petitioner, who are running an Oil Mill at Agra, since three or four years. The petitioners came to Narnaul Mandi on December 16, 1985 when the complainant also happened to be there. The petitioners told the complainant that they wanted to sell their car which they had brought with them. The complainant agreed to purchase the same for Rs. 45,000/-. Out of the agreed sale price the complainant paid Rs. 30,000/- there and then and it was agreed that the remaining amount of Rs. 15,000/- will be paid at Agra within one month. The complainant went to Agra on January 15, 1986 to pay the remaining sale price and to get possession of the car. However, the petitioners not only refused to honour the commitment but also destroyed the receipt for Rs. 30,000/- which the complainant had obtained from them at Narnaul when this amount was paid by him to the petitioners on December 16, 1985. It is a legged that the petitioners had fraudulently induced the complainant to pay them Rs. 30,000/- at Narnaul without intending to sell the car to the complainant.

(3.) TO establish a charge under Section 420, Indian Penal Code, it must be alleged and proved that the accused has cheated the complainant and by doing so had dishonestly induced the complainant to deliver any property.