M.L. Jain, J. - (1.) This application arises in the following circumstances : The petitioners were the managers of the Pushpa Motors, Kota, in the year 1962, who were the authorised dealers of the Tata-Mercedes-Benz Truck Chasis on behalf of the Tata Engineering and Locomotive Co. Ltd., Bombay. On 22-10-62 complainant Kan Singh applied to Pushpa Motors for booking a Tata-Mercedes-Benz Truck Chasis. The petitioner Y. V. Bapet wrote a letter to the non-petitioner Kan Singh on 24-10-62 asking him to make an application in the form prescribed by them. A form also appears to have been sent to him, which was filed and sent by Kan Singh on 27-10-62. But no booking was made no information of the application was sent to the manufacturers. It appears that on 27-10-62 Pushpa Motors received a telegram from their manufacturers that all deliveries were to be stopped. On 30-10-62 they received another telegram asking them to furnish model wise stock including the vehicles in transit. They were also asked to stop booking additional applications. These instructions were issued because sometime in October, 1962, national emergency was declared.
(2.) The Government of India later on promulgated the Commercial Vehicles (Distribution and Sale) Control Order, 1963. It appears that Kan Singh continued to pursue the matter and again wrote a letter to the manufacturers. The Pushpa Motors replied to him on 6-9-63 that booking of orders was stopped on account of the declaration of national emergency and if he was keen on booking an order, he was required to call at their office and get the application forms required for the purpose. Kan Singh non-petitioner complained again to the manufacturers and they wrote to him on August 24, 1965 that three chasis were supplied to him in the past in the year I960 and 1961. But as a result of national emergency they had discontinued registration of applications with effect from October, 1962, though the authorised dealers had registered an application during October, 1962 of one Aziz Khan.
(3.) However, the non-petitioner Kan Singh was not satisfied with this reply and having felt cheated filed a complaint under section 417 Indian Penal Code against the petitioners in the court of the Additional Munsiff-Magistrate, Court No. 2, Kota, on 22-3-66, that the accused had booked a chasis in October, 1962, in the name of one Aziz Khan but they refused to do so in respect of the complainant on the pretext that national emergency had been declared. The booking of chasis was open in October, 1962, and the accused were booking vehicles in the name of other persons. He was thus cheated and put to a considerable loss. The learned magistrate after recording his statements under section 200 Cr. P C. felt that it was a case of civil nature but since the counsel for the complainant wanted to argue the case, the matter was postponed to 25-3-66, on which date after hearing arguments, the case was registered and process was issued against the accused. Since then, the case continued to linger on for some reason or the other. Kan Singh and Jamna Prasad had been examined by 5-2-68. One more witness D.S. Narayanan of the Tata Engineering Locomotive Co. Ltd., was being summoned. But the presence of D.S. Narayanan could not, for one reason or the other be secured in spite of the fact that the warrants for his appearance were issued by the learned magistrate and the accused filed an application under section 482 Cr. P. C. in this court on 8-2-76 praying that the proceedings of the lower court under section 417 Indian Penal Code against petitioners be quashed. I have heard arguments and perused the record.;