Mohan M. Shantanagoudar, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment dated 16.10.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 52088/2013 allowing the petition filed by respondent nos. 2 and 3 herein under Section 482 of the Code of Criminal Procedure. By the impugned judgment, the High Court has set aside the order dated 10.09.2013 passed by the Chief Judicial Magistrate, Siwan, Bihar in Siwan (M) P.S. Case No. 288/2012, taking cognizance of the offence under Section 420/406/379/448/307/427 and 506 read with Section 34 of the Indian Penal Code against the accusedrespondent nos. 2 and 3 herein.
(3.) Brief facts leading to this appeal are that on 30.05.2006, Dr. Ira Sinha purchased fully automatic Biochemistry Analyser model "Echo Plus" along with standard accessories from M/s Logotech (India) Private Limited (hereinafter called 'the Logotech'), of which respondent nos. 2 and 3 are Director and Technical Director respectively. The sale consideration of the said machine was Rs.7 lakhs. The machine was supposed to be fully automatic Biochemistry Analyser with free warranty maintenance for a period of three years. However, a maintenance of Rs.20,000/ per annum was to be paid by the purchaser after expiry of three years. The appellant is the husband of Dr. Ira Sinha. It was found out by the appellant and his wife that the Biochemistry Analyser purchased by them was not functioning properly and was showing inaccurate results due to manufacturing defect. Though, several visits were made by the maintenance agents of the Logotech for repairing the machine, the same was not successful. Thereafter, as suggested by the officials of the Logotech, Dr. Ira Sinha relying upon the assurance and recommendation of the officials of the Logotech, purchased a random access fully automatic analyser model "Miura200" along with standard accessories from the Logotech in exchange of the earlier model "Echo Plus" on 25.07.2007. The sale price of "Miura200" was Rs.11 lakhs. Thus, Dr. Ira Sinha had to pay balance amount of Rs.4 lakhs extra (i.e. over and above Rs. Seven lakhs). On payment, as mentioned supra, "Miura200" model was installed in Prachi Pathological Clinic of Dr. Ira Sinha. However, annual maintenance costs of Rs.40,000/ was to be paid by the purchaser after expiry of free warranty period.;