MANAGING DIRECTOR Vs. HARI KRISHNA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The two petitions arise out of Complaint Case No. 1304 (C ) of 1999. The first petition has been filed by Shri A.M. Naik, who was the Managing Director of M/s Larsen and Tourbo Limited (hereinafter referred to as L & T Limited), who manufacture and market Clarity Ultra Sound Machine which is used by medical practitioners in their profession. The other petition has been filed by the three employees of the distributors of the said company, from the local office of the said company at Patna.

(3.) The offences for which the petitioners in the two petitions have been summoned are under sections 420 and 406 of the IPC. The allegation is that the complainant purchased Ultrasound Machine from the company of the petitioners and payments were made in two installments, the first in March, 1998 and the next in April, 1998 of Rs. 4,95000. The delivery of machine, as per the complainant, was given to the complainant on 15th May, 1998. The complainant stated that the machine was not functioning properly and satisfactorily an it was rather afflicted with incurable mechanical defects and information and complain to that effect were placed and lodged before the manufacturers through petitioners Dhirendra Prasad and others but, no meaningful steps were taken to satisfy the complainants grievance and, lastly, a Pleaders notice was given under registered postal cover on 13.11.1998. But again, no proper constructive response was made by the petitioners company and that caused a loss of rupees ten lacs to the complainant which included the bank interest, professional damages etc. The complainant further stated that it constituted offence under sections 420 and 406 of the IPC.