VINOD DOSHI Vs. SHIV KUMAR JAM

JUDGEMENT

(1.) The challenge here is to the wholly unwarranted and patently erroneous order of Shri M. S. Lobana, Additional Sessions Judge, Patiala, of May 5, 1986, and the subsequent order of the Additional Chief Judicial Magistrate, Patiala, of May 14, 1986, summoning the petitioners, they being the Chairman, the Managing Director and the Vice President of M/s Premier Automobiles Limited, Bombay, for trial under sections 420, 468 and 471, read with section 120 the Indian Penal Code.

(2.) This mater concerns the booking of a Premier 118.NE Saloon car by Mrs. Subash Rani wife of the complainant, Shiv Kumar Jam. According to the complainant, he filled in the requisite car booking form on behalf of his wife Mrs. Subash Rani and submitted it along with a Bank draft for Rs. 11,000/- to M/s. Premier Automobiles Limited. The criteria for being the priority for delivery being city wise, New Delhi was recorded as the first preference in this form as the city from where the delivery was desired, with Ambala and Patiala being the second and third preferences. The receipt cum-priority number intimation received in respect of this booking, however, showed that it pertained to Jullundur and was thus, not as per the first preference mentioned in the form namely, New Delhi. A letter was thus, immediately written to the petitioners on October 24, 1985, whereby it was pointed out to them that New DelhiT was the first preference and not Jullundur. Another letter was also written to them in this behalf on November 14, 1935.

(3.) These are the allegations that led to the filing of the present complaint against the petitioners accusing them of breach of trust, misappropriation and cheating in treating the Rs. 11,000/- deposited for the booking of the car towards its delivery other than at New Delhi, saying this amount would not have been parted with if it had been known that the car would not be booked for delivery at New Delhi.