DURGESH SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ/order/direction for quashing the entire criminal proceedings against the petitioner in connection with Chutia PS Case No. 11/1999 corresponding to G.R. No. 227 of 1999 which was registered under Section 406/120B of the Indian Penal Code.

(2.) The prosecution story in brief as alleged that the informant was in need of a Maruti Van and met the petitioner, the director of Sushila Automobiles Pvt. Ltd. and the informant came to know that a Maruti could be booked for Rs. 1,30,000/-. Thereafter, on 25.4.1997 the informant with one Ram Swaroop Khandelwal went to the Show-Room and booked a Maruti Van in the name of his son depositing a sum of Rs. 1,30,000/- and he also obtained a money receipt bearing No.917 dated 25.4.1997 with an allotment number 11056-5102. It is further alleged that after three months the informant went to take delivery but he was assured that the delivery would be made by December, 1997. Again in December, 1997 he was informed that same would be delivered in January, 1998, whereafter he was informed that it would be delivered by March, 1998 but inspite of several reminders and approach made by the informant, the vehicle could not be delivered to the informant. The informant also made a complaint to Shri R.S.S.L.N. Bhaskarudu, the high official of Maruti Udyog Ltd. vide his complaint dated 30.7.1998 demanding interest at the rate of 12%, but no action was taken on his complaint. Thereafter the informant filed written complaint before the learned Chief Judicial Magistrate, which was sent to the police station for enquiry under Section 156(3), Cr PC and accordingly the FIR was registered for the offences aforesaid.

(3.) It may be noted here that SLP was Filed before the Supreme Court of India being SLP (Cr.) No. 6856 of 2001, whereby the matter was remanded to the High Court for re-consideration after setting aside the impugned order.