PRAKASH OFFSET PVT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Sec. 482 Cr. P. C. has been filed by the accused petitioners with the prayer that FIR No. 68/2000 pending investigation at Police Station Abu Road District Sirohi for the offence and section 406 and 420 IPC alleged to have been lodged against the accused petitioners be quashed.

(2.) IT arises in the following circumstances:- The complainant-respondent No. 2 Shailash Kumar Patel lodged a report with the Police Station Abu Road District Sirohi on 5. 4. 2000 stating inter-alia that he purchased a single colour sheet-fed offset machine of the size measuring 19"x27" complete with standard accessories from accused petitioner No. 1 Prakash Offset Private Ltd. Ballabhgarh, Faridabad (haryana) for a consideration of Rs. 9,13,000/- through bill dated 24. 6. 1998. IT was further stated in the report that when the said machine was received by the complainant-respondent No. 2, it was not found in proper working condition and, therefore, a complaint was made by the complainant-respondent No. 2 to the manufacture of that machine and on 2. 2. 1999, a mechanic came, but he could not repair that machine and, thereafter, on 6. 2. 1999, Ravi jain, marketing Manager of Prakash Offset Private Ltd. came to Abu Road and inspected that machine and he found that the said machine could not be repaired at Abu Road and therefore, he asked that either it could be repaired there or it could be replaced by new machine. Thereafter, on 11. 2. 1999, the complainant-respondent No. 2 received the machine from petitioner No. 1 Prakash Offset Pvt. Ltd. and he found that the said machine was not the same which was returned by him and there was difference between model and size also. When it was put into run, it did not give better production. Hence, by sending another machine, the firm Prakash Offset Pvt. Ltd. cheated the complainant-respondent no. 2. On this report, police registered the case being FIR No. 68/2000 and started investigation. Hence, the present petition under section 482 Cr. P. C. has been filed by the accused petitioners for quashing the said FIR.

(3.) THIS Court while admitting this petition on 29. 5. 2000 passed an order that the accused petitioners shall not be arrested, but investigation may continue and in compliance of that order, the investigation was going on in that case and from the case diary, it appears that the investigation has reached at the final stage and challan papers are ready for filing before the Court and, in these circumstances, this Court does not think it proper to interfere with the investigation of the police and quash the FIR in exercise of the powers under section 482 Cr. P. C.