MANAGING DIRECTOR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/A3 in C.C.No.582 of 2020 on the file of the II Additional Judicial First Class Magistrate at Khammam.

(2.) The case of the 2nd respondent/complainant is that he has filed complaint before the police, Khanapur, which was registered as Crime No.32 of 2018 on 25/1/2018. However, the same was closed by the police as false. The grievance of the defacto complainant is that he purchased Hyundai CRETA car from Hyundai showroom in Khammam, of which A1 K.Srikanth is the owner of the said show room. The vehicle was purchased by taking loan on 25/7/2016. Thereafter, in the month of January, 2017, he noticed that a damaged vehicle was sold to him since the panel board was damaged in an accident and it was found painted. Though oral requests were made from January, 2017 to change the vehicle, no such request was adhered to either by this petitioner herein, who is the Managing Director of Hyundai Motors Limited nor the 1st accused, who is the owner of the show-room at Khammam, where he purchased the vehicle.

(3.) The criminal complaint which was filed before the police was registered as Crime No.32 of 2018 for the offences under Ss. 403, 406, 409 and 420 IPC and investigation was taken up. The police found that seven months after purchase of the vehicle, the complainant approached the showroom and also communicated with the Hyundai Motors Private Limited. The police found that there were very small scratchs which happened during the transport of the vehicle and there was no other damage and the complainant had intentionally lodged the complaint with an intention to change the car. Since the allegations of cheating, criminal breach of trust were not established, the police found that the case was false and accordingly filed report.