R K PODDAR Vs. M P SINHA

JUDGEMENT

(1.) THIS application under Section 561-A of the Code of Criminal Procedure has been filed to quash the Magistrate's order dated 2-7-1969 in Case No. 281-G/69 under which he has taken cognizance of the offence under Section 420/( 120-B of the Indian Penal Code against these petitioners and also its subsequent proceedings in the court of the transferee court.

(2.) AS it appears, on 2-7-1969 Dr. M. P. Sinha, Deputy Superintendent, Sadar Hospital, Saharsa, (opposite party here) filed a written complaint, its copy has been annexed to this miscellaneous application, making allegations of cheating against these petitioners. Petitioner No. 1 R. K. Poddar is said to be the Chairman of the Board of Directors of M/s. Auto Distributors, Calcutta (in the complaint petition he has been described as Proprietor of this Company). Petitioner No. 2 R. K. Chaturvedy is the-Branch Manager of its Patna Branch. Petitioners Nos. 3 and 4 (P. K. Sikdar and S. K. Ghoshwami) are said to be its Mechanic and Cashier at Patna.

(3.) IN his above complaint petition the allegations made were to the effect: T-he complainant had got his name registered as a purchaser of Fiat car with this Company at Patna after making the necessary security deposit. After he had done so he received reports from some of his friends who owned new Fiat cars that the performance of a new Fiat car was not good and it always gave troubles and that its body was very delicate and it presented a very bad show only after a short while. On those informations the complainant dropped the idea of purchasing a new Fiat car. Thereafter, he informed accused Nos. 1 and 2 (petitioners 1 and 2) several times on telephone that he had dropped the idea of purchasing a new Fiat car and that his security deposit should be refunded. They (accused Nos. 1 and 2) however sent accused No. 3 (petitioner No. 3) to the complainant at Saharsa on 10-114968 who talked very high of the body and engine of a Fiat car and induced him to change his mind and purchase a Fiat car. On that inducement which was with mala fide intention to cheat him the complainant revised his idea of this car and agreed to go in for it.