- (1.) The appellant herein is accused No. 5 in Criminal Complaint No. 44 of 2003 made by the respondent herein under Section 420 of the Indian Penal Code (In short 'IPC') pending before the Judicial Magistrate Ist Class, Badnawar, District Dhar, Madhya Pradesh. The appellant after receiving notice in the said case, filed a petition under Section 482 of the Criminal Procedure Code (in short 'Cr.P.C.') for quashing of the said complaint qua the appellant on the ground that the appellant was in no manner involved in the transaction that was entered into between the complainant and accused No. 1 namely. M/s. Southern Cogen Systems Pvt. Ltd. Chennai. The High Court has, however, dismissed the said petition vide order dated 17.2.2004 and this order is challenged in these proceedings.
(2.) The High Court has noted the facts in para 2 of the impugned judgment about which there is no dispute as these are the admitted facts. We may reproduce those paras without any fear of contradiction. "2. Undisputed facts of the case are that petitioner is part of Alstom group of companies, which is multinational and it is engaged, interalia, in the manufacturing of various types of turbines including steam hydro and gas turbines. That the complainant is company having its factory at village Baroli District Dhar and it is engaged, interalia, in the business of manufacture of various kinds of liquor. That accused No. 1 is a company incorporated under Companies Act, 1956 having its regional office at Chennai and accused No. 2,3 and 4 are the officers and accused No. 6 is agent of accused No. 1 Company. It is also common ground that petitioner has supplied on 11.1.2002 single State (curt is wheel) Back pressure steam Turbine and this Turbine was installed in the factory of the complainant. That the accused No. 1 company had under purchase order dated 4th May, 2001 contracted to supply the Turbine for sum of 40 lacs to the complainant and the amount was to be paid in the instalments."
(3.) The allegations in the complaint filed by the respondent are that the accused persons had agreed to supply self excited turbine for a sum of 40,00,000/- (rupees forty lacs only) but the turbine which is supplied is of an inferior quality. In this way, he has been cheated by the accused persons.;