DEEPAK KOTHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order dated 29.9.2005 passed by the Judicial Magistrate, 1st Class, Munger, in Complaint Case No. 765(C) of 2005 by which he has taken cognizance under Sections 406, 419 and 427 of the Indian Penal Code.

(2.) THE case of the Complainant is that on a certain date he had purchased four packets of 'Pan Parag Pan Masala'. In each packet was a Scratch Card and 50 pouches of Pan Parag. It was written on the Scratch Card that on scratching the same the buyer would get prize of Rs. 5 to 50. When the Petitioner scratched the first Card, he found Rs. 7/ - written on it. In the next two, only Rs. 3/ - was written and, hence, he did not scratch the rest. He complained that the accused persons in order to cheat the public at large had made false promises, as regards quantum of prize money.

(3.) THE Petitioner happens to be the Managing Director of M/s. Kothari Products Ltd., residing in Kanpur, and 'Pan Parag' is in wide circulation and a very popular product of the Company.