BALARAMAN MANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondent State. No one appears for the respondent no.2 in spite of valid service of notice upon him. The petitioner, being the Regional Manager (East) of Maruti Udyog Ltd., has been made accused in Chutia P.S. Case No.79 of 1999, corresponding to G.R. No.1356 of 1999 for the offence under Section 406/34 IPC. It appears that a complaint petition was filed by the respondent no.2 Dr. Subrat Biswas before the Court of Chief Judicial Magistrate, Ranchi, which was sent for institution of the police case, on the basis of which the said Chutia P.S. Case No.79 of 1999 was registered.

(2.) THERE is allegation in the said complaint petition that the complainant Dr. Subrat Biswas had booked a Maruti Zen Car after depositing the amount of Rs.3,19,300/- in favour of Maruti Udyog Ltd. which he had deposited with Ashish Automobiles. The receipt for the deposit of money was issued by Ashish Automobiles with the assurance that the vehicle would be delivered to the complainant within 15 days, but the said vehicle was never delivered to the complainant and accordingly, the complaint case was filed, in which the petitioner being the Regional Manager of Maruti Udyog Ltd., was made accused No.3, the other accused persons, being the director and the General Manager of Ashish Automobiles, with whom the booking of Maruti vehicle, was made.

(3.) THE question arose in the said Chutia P.S. Case No.78 of 1999 whether the Chairman-cum-Managing Director of Maruti Udyog Ltd. was vicariously liable for the offence under Section 406/34 of the I.P.C. This was considered by this Court in Cr.W.J.C. No.130 of 1999(R), which was allowed by Judgment dated 5.1.2012, wherein the various precedents on this point were discussed and it was held that though there may be civil liability of the Chairman-cum-Managing Director of the Maruti Udyog Ltd., to see that either the car was delivered to the complainant or his money was paid with due interest, but so far as the criminal liability is concerned, it was found that there was no criminal liability in view of the fact that there was no specific allegation of any offence committed by the Chairman-cum- Managing Director of the Maruti Udyog Ltd., in the entire complaint petition and as such, the continuance of the criminal proceeding against him was found to be absolutely illegal. Accordingly, the entire criminal proceeding in connection with the said Chutia P.S. Case No.78 of 1999, corresponding to so far as it related to the Chairman-cum-Managing Director of the Maruti Udyog Ltd., was quashed. The Judgment of the said case is reported in 2012(1) JLJR 171.