SANJAY M. PATEL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) This application is directed against the order dated 05.10.2012 passed in C.P. Case No.44 of 2012 by learned Judicial Magistrate, 1st Class, Dhanbad whereby and whereunder, complaint petition was dismissed, after holding that no criminal liability is made out against the accused persons/petitioner.

(3.) It is the case of the complainant that on giving assurance by the accused that he will supply a machine ment for manufacturing Corn Flakes and Chocos etc. for a price of Rs. 1,19,75,000/-, on making payment of a sum of Rs.44,00,000/- in advance, the machine was supplied and subsequently, entire consideration amount was paid, but the machine, which was supplied, was defective, as a result of which, the complainant failed to manufacture the products for which the machine had been purchased.