Decided on July 16,2018

Pradip Rajkhowa And 2 Os Appellant
STATE OF ASSAM And ANR Respondents


Ajit Borthakur, J. - (1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') seeking to quash the First Information Report, (for short, 'F.I.R.'), dated 23.05.2017, whereupon Dispur Police Station Case No. 1297/2017, under Sections 406/420 of the Indian Penal Code (for short 'I.P.C.') is registered.
(2.) The petitioners' case, in a nut-shell, is that the petitioner No. 1 is a businessman by profession and is one of the Directors of T.I. Automotive Pvt. Ltd., which is a dealer of Renault Motors and petitioner No. 2, who has not been arrayed by name in the F.I.R., is the Manager of the T.I. Automotive Pvt. Ltd. and the petitioner No. 3 is one of the employees of T.I. Automotive Pvt. Ltd. On 23.05.2017, the informant/opp. party No. 2 herein, lodged an F.I.R. with the Officer-in-charge of Dispur Police Station alleging, inter-alia, that in the month of May, 2016, he visited the show-room of T.I. Automotive Pvt. Ltd. at Guwahati and the petitioner No. 3 and other staff of the show-room apprised him of the advantages of the car model 'Koleos' of Renault Motors. It was also alleged in the F.I.R. that after they indicated to him that the said car was fit for his requirements to drive in hilly roads and as such, he decided to buy the said 'Koleos' car, with manual transmission having 4x4 wheel drive. The informant/opp. party No. 2 further alleged that on 18.05.2016, he made payment of Rs. 27, 65,313/- only vide invoice No. SAL-INV-GUJA-16-000607 and thereafter, a black 'Koleos' car having engine No. M9RV864C002081 was delivered to the opp. party No. 2.
(3.) It was also alleged in the F.I.R. that after taking delivery of the car, the informant/opp. party No. 2 drove it to his native place at Bomdilla, Arunachal Pradesh and while driving uphill, he realized that the second gear of the car was not working to its efficiency and the car almost stopped, while driving up the hill. Thereafter, he reported the same to the show-room at Guwahati and they advised him to get a servicing done. Accordingly, the opp. party No. 2 drove down the car to Guwahati from Bomdilla and at Guwahati, the car was checked. Upon such checking/inspection, the car was found to be 'OK', but again when he went back to Bomdilla, the same problem recurred and somehow, he survived a mishap. He met the petitioner No. 1, who promised that the same shall be replaced, but nothing happened till date. It was further alleged that the petitioners induced him to buy the said faulty car.;

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