Judgment

D.G. Deshpande, J.— Heard Senior Counsel Mr. P.R. Vakil for the petitioners and the Respondent No. 1, who also happens to be an advocate, in person.

2. Writ petition is filed for quashing the proceedings challenging the issuance of process initiated by Respondent No. 1 under Section 420 of the Indian Penal Code. Petitioners have directly come to this Court with-out approaching the Magistrate.

3. A complaint under Section 420 read with Section 34 of the Indian Penal Code was filed by Respondent No. 1 on the following facts :-

Respondent No. 1 purchased a Maruti Car on 19-5-1999 from accused No. 1 who are authorised Dealers and Service Centre of Maruti Udyog Ltd. i.e., the petitioners. Respondent No. 1 has taken loan for purchasing the car. He was given warranty of one year along with the car. However, from 24-8-1999 the vehicle started giving trouble. Accele-rator was not working properly and respondent, who was driving the car at the time, was almost to hit a lamp post near his house as the vehicle’s speed accelerated suddenly. On that day he went to the office of accused No. 1 at Pune and brought to their notice the problem. A mechanic was sent and in turn, Respondent