DARSHAN SINGH Vs. ALI MOHD MAKROO

JUDGEMENT

(1.) A criminal complaint came to be filed before Chief Judicial Magistrate, Srinagar. It is alleged in the complaint that complainant was appointed as dealer by the accused for sale, service and spare parts of Tractors for Kashmir Province. The said business was carried in the name and style "Bajaj Tempo Limited". The name of the concern was changed from Bajaj Tempo Limited to M/s Force Motors Limited. It is further alleged in the complaint that the complainant was appointed as authorised dealer upto 31 -3 -2007 with a renewal clause. The accused has also supplied 11 tractors of quality "Balwan - 500" in 2007 when model machinery was of 2006. The other allegation contained in the complaint is that his dealership has been terminated by the accused person. This, in essence is the crux of the complaint.

(2.) THE Chief Judicial Magistrate, Srinagar has issued process under section 420 of RPC. In order to attract provisions of section 420, it has to be disclosed in the complaint that the accused has fraudulently induced a person to deliver any property to any person, or to consent that any person shall retain any property or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he was not so deceived. The act must disclose that by fraudulent and dishonest intention, a person is induced to deliver property to any person.

(3.) IN the present case, there are only two allegations, which have been levelled in the complaint: a) that the dealership has been terminated. b) that the Tractor delivered in 2007 was of 2006 model. In order to examine the facts revealed in the complaint, it is to be seen whether offence under section 420 is made out. Section 420 RPC defines cheating as under : "Cheating Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he was not so deceived, and which act of omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat"