Mahesh Grover, J. - (1.) In the instant petition, the petitioner prays that FIR no. 341 registered under Sections 406/420 Indian Penal Code at Police Station Sector 17, Chandigarh and all consequent proceedings arising therefrom be quashed.
(2.) According to the allegations set out in the FIR on the version given by the complainant it appears that the complainant has purchased a mobile set which was defective and the petitioner was approached to rectify the defect. It is alleged that the petitioner replaced the original speakers of the handset by some other speakers and the defect was not rectified. This resulted in numerous visits by the complainant to the petitioner resulting in his harassment and finally he was constrained to go to the District Consumer Forum for his grievance in which the complainant was awarded an amount equivalent to the price of the handset. An FIR has been lodged to say that the petitioner has cheated the complainant and has also replaced the speakers of the handset unauthorisedly deriving undue advantage for himself and resulting in loss to the complainant.
(3.) Learned counsel for the petitioner contends that the allegations even if taken to be correct do not constitute any offence and that the respondent who has purchased the hand set and which developed some defect during the warranty period was duly repaired by the authorised centre of the manufacturing Company. He further states that it is in this background that when the complainant approached the District Consumer Forum he was awarded a sum of Rs. 8815/- which is equivalent to the price of the handset and the petitioner in these circumstances cannot be attributed any act of omission or commission inviting criminality.;