JOGESH GAMBHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 25-1-2006 passed by Additional Judicial Commissioner, FTC vii, Ranchi in Cr. Rev. No. 136 of 2002 affirming the order passed by learned Judicial Magistrate, Ranchi on 30-9-2002 dismissing the complaint under Section 203 of the Code of Criminal Procedure;

(2.) THE facts of the case giving rise to this application are that petitioner complainant, proprietor of a firm known as M/s. Kailash investment lodged a complaint bearing complaint case No. 489 of 2001 stating therein that he having been in need of vehicles approached accused M. K. Somani, (accused no. 2) a dealer of Maruti Udyog Limited and enquired about the availability of the vehicles, viz. cars and vans and also about the delivery time of the said vehicles. Upon which, accused M. K. Somani told him that there is a scheme whereby if the person books more vehicles, he will be getting good rebate and also gift at the time of delivery of the vehicles which would take 3-4 months' time. Thereupon on his insistence, the complainant booked 9 vehicles of different models on different dates and also made payment for that but the vehicles when were not delivery in due time, the complainant approached the dealer and other accused persons, who assured him to make delivery of the vehicles but the same were never delivered, though in the meantime, the complainant brought the matter of nan-delivery of the vehicles to the knowledge of Maruti udyog Limited (Respondent No. 2) but that also bore no fruit.

(3.) FURTHER case is that the dealer neither did deliver the vehicle nor did refund the money to this petitioner and in the similar manner, the complainant had cheated many persons. Thus, it has been alleged that the dealer (accused No. 2) and other accused persons in conspiracy with Maruti Udyog limited (respondent No. 2) cheated the complainant.