JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court dismissing the Criminal Revision Petition filed by the appellant questioning the order passed by learned Additional Sessions Judge, Gohad, Bhind.

3. Backgrounds facts as projected by the appellant are as follows:

On 19.6.2002 respondent No.1 purchased a tractor manufactured by the appellant from respondent No.3. On 12.5.2003 respondent No.1 filed a complaint bearing No.87 of 2003 in the District Consumer Forum, Bhind, Madhya Pradesh alleging that the dealer (respondent No.3) had represented at the time of purchase of the tractor that the capacity of the same is 40HP (horse power) and accordingly payment was made but after some time the applicant came to know that the said tractor is made of 1035 tafe tractor engine and the model of the said tafe engine is Simpson S-324 of which power capacity is 35 HP. It was thus submitted that trusting the opposite parties and having faith on the company and believing that the tractor is made of 40HP the applicant paid for the same where the tractor is not more than 35 HP.

On 22.7.2003 the District