- (1.) BY the Court. - Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party No.2.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of C.P case No. 687 of 2008 including the order dated 30.3.2009 passed by the Judicial Magistrate. 1st class. Dhanbad whereby and whereunder cognizance of the offence punishable under Section 420 of the Indian Penal Code was taken against the petitioners. The case of the complainant as has been made out in the complaint petition is that Reliance Infocom Limited came' out with a scheme in January. 2007 that every recharge voucher of Rs.2007 having validity period of one year will have talk time of Rs.1638/ - and at the same time there would be 2007 free S.M.Ss. After knowing about that scheme the complainant got the mobile which had been purchased in the name of his wife recharged at Mobile World. Dhanbad with recharge voucher of Rs.2007/ -. After using it for some time when the talk time was still left with Rs.1550/ - brother of the complainant took the Mobile with him to Gaya but suddenly talk time was shown as zero. When the brother did consult customer care, it was told that due to some technical problem, it has happened. On the very next day. Mobile was recharged with a ta1k time of Rs.245/ -. In the month of October, 2007, the complainant when checked the date of SMS received could know that he had been cheated by the accused as the Mobile has been cunningly recharged with recharge voucher of Rs.699/ - with talk time of Rs.249/ - in place of recharge voucher of Rs.2007/ - with a validity period of one year having talk time of Rs.245/ - only that too without there being any free SMS. On such complaint, cognizance of the offences was taken, vide order dated 30.3.2009 which is under challenge.
(3.) MR . Prasad, learned senior counsel appearing for the petitioners submits that accepting the entire allegation mad e in the complaint petition to be true, no offence is made out under Section 420 of the Indian Penal Code and moreover, the petitioner No. 2 has never been alleged to have been in -charge of day to -day affairs of the company and that at best, it can be a case of civil dispute and not a case of criminal liability as it is never the case of the complainant that he was fraudulently and dishonestly induced to purchase the recharge voucher of Rs.2007/ -. If this element is lacking, no case of cheating is made out.;