- (1.) This writ application has been tiled by the petitioner, being the Chairman cum Managing Director of Maruti Udyog Limited, who has been made accused in Chutia P.S. Case No. 78 of 1999, corresponding to C.R. case No. 1355 of 1999 for the offence under Sections 406 / 34 of the Indian Penal Code, praying herein for quashing the entire criminal proceeding as against him in the said criminal case.
(2.) The facts of the case lie in a very short compass. The opposite party no.2, Gurnam Singh had filed a complaint case in the Court of Chief Judicial Magistrate, Ranchi, which was, registered as Complaint Case No. 308 of 1999 In the said complaint case, petitioner was made one of the accused persons alongwith the others, who were the officials and executives of M/s Ashish Automobiles, Main Road, Ranchi as also, one Sri M.K.Somani, the Managing Director of Somani Swiss Industries Limited, having as registered office at Kolkata. The complainant has alleged that the petitioner, who was the accused No. 3 in the said complaint case, was the owner of Maruti Vehicles and had floated a scheme for sale of Maruti Vehicles through their authorized dealers, one of them being accused No. 2, Sri M.K.Somani, who used to book the car through their Sales Executives namely, accused nos. 1 and 4 who were the Sr. Executive and Sales Officer of M/s Ashish Automobiles Limited. The complainant, accordingly, contacted accused nos. 1 and 4 and they agreed to accept the price of one Maruti Car upon getting clearance from the accused No. 2 Sri M.K.Somani who was at Kolkata and consequently, with the approval of Sri M.K.Somani, one Maruti vehicle-was booked by the complainant after paying the price for the same, which he had arranged after taking loan from the Punjab. National Bank at the interest of 18% per annum. According to the complainant's case, in spite of deposit of the price of the car, the cat was not delivered to him and hence, the complaint petition was filed against the accused persons including the petitioner, being the Chairman cum Managing Director of M/s Maturi Udyog Limited.
(3.) So far as this petitioner is concerned, it is only alleged that the money was deposited in the name of Maruti Udyog Limited, of which, the petitioner was the Chairman cum Managing Director and in spite of assurance given by him, neither the car was delivered nor the money was refunded to the complainant.;