SYNGENTA INDIA LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners seek the quashing of the complaint Annexure P-10 and order complaint Annexure P-14 passed by the Sessions Judge, Patiala as well as the subsequent proceedings arising therefrom on the ground that no offence, as alleged, is made out and the continuation of proceedings would be nothing but an abuse of the process of the Court.

(2.) PETITIONER No. 1 is a Company registered under the Companies Act, whereas petitioner No. 2 is its Managing Director while petitioner Nos. 3 and 4 were connected with the affairs of the Company.

(3.) COMPLAINANT-RESPONDENT No. 2 alleged that the said Company had floated a scheme under the name and style of 'super Nova club' and invited its dealers to become the members. The Membership offered was in three levels and was to be determined by the sale turnover of the Company's products. The levels were 'nova Gold', 'nova Silver'. 'nova blue'. The Members were to earn Nova points which were encashable by way of gifts and privileges. The Members were given an option to get Novartis Products, holiday trips, consumer goods to earn/redeem the points. It was also provided in the scheme itself that the Company held no warranty and made no representation about the goods and/or services manufactured/provided by third parties, which were offered as rewards to the members of the Super Nova Club and the company shall not be liable if the goods and/ or services are defective/deficient in any manner. In short, Super Nova Club Scheme was governed by the terms and conditions of the said scheme.