MANAGING DIRECTOR MALKIAT SINGH Vs. CHHOTE LAL

JUDGEMENT

(1.) PRAYER in this petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing of a private complaint titled as "Chhote Lal v. Managing Director, International Tractors Limited and another", pending in the Court of Judicial Magistrate Ist Class, Gurgaon, as well as the summoning order dated 24.01.2008.

(2.) THE petitioner, is the Managing Director of M/s Sonalika International Tractors Limited. The respondent purchased a Sonalika International Tractor Model DI-740 from M/s Kissan Tractor Agency, Pataudi Road, Haily Mandi, District Gurgaon, in September, 1998. On 07.04.2003, the respondent filed a private complaint, before the Judicial Magistrate Ist Class, Gurgaon arraying the petitioner and Ashok Kumar, partner of Kissan Tractor Agency, Haily Mandi as accused for commission of offences under Sections 420, 467, 468, 471 of the Indian Penal Code by alleging that he was falsely allured into purchasing a 35 Horse Power tractor, by stating that it was of 40 Horse Power. The Judicial Magistrate Ist Class, Gurgaon, after recording preliminary evidence, dismissed the complaint, vide order dated 27.01.2005 by holding that the respondent had failed to establish forgery and cheating. The respondent was, however, granted liberty to approach the Consumer Forum.

(3.) THE Judicial Magistrate Ist Class, Gurgaon, after recording preliminary evidence ordered the summoning of the petitioner and his co-accused, by recording the following order :