The present application under Section 482 of the Code of Criminal Procedure (For short ‘the Cr. P.C.’) has been filed for quashing of the order issuing process dated 01.12.2014 passed by the court of learned Sub-Divisional Judicial Magistrate, Gaya in Complaint Case No. 07 of 2014/402/2014 after finding a prima facie case to be made out against the sole petitioner under Sections 323, 420 and 504 of the Indian Penal Code.

2. The facts of the case in brief are that a complaint case was lodged in the court of Chief Judicial Magistrate, Gaya alleging therein that the complainant had purchased a compressor on 30.10.2012 from the four accused persons viz., the petitioner, M/s Jaikar Tehno Pvt. Ltd, M/s P.S. Enterprises, M/s ELGI Equipments Ltd. and M/s. CUMMINS Engine after taking loan of Rs. 17, 80,000/-. It is stated that the compressor was commissioned on 20.11.2012 and the engine thereof was commissioned on 19.12.2012. It has been alleged that after a few days of purchase, the compressor of engine mal-functioned the complainant informed the M/s ELGI Equipments and M/s CUMMINS Engine with regard to non-functioning of compressor and engine. The engineers visited site several times and repaired the equipment but all in vain. It has been further alleged that regarding mal-functioning of the equipment complaints were sent to the petitioner, Jaikar Techno Pvt. Ltd, ELGI Equipments Ltd. and M/s. CUMMINS Engine, Pune by E-mail. After a lot of efforts taken by the complainant, a service engineer of M/s. P.S. Enterprises, namely, Vishwajeet Rai visited site of the complainant on 31.12.2013. He checked the equipment and recommended for its replacement as it had manufacturing defects. It has also been alleged that on 22.01.2014, a service engineer from Jaikar Techno Pvt. Ltd., an authorized dealer of Cummins field service reported that due to mechanical failure, the engine could not be repaired and needs to be replaced. It has been further alleged that on 10.03.2014 some miscreants also threatened the complainant with dire consequences and it is alleged that the miscreants had stated that they have been sent by M/s. P.S. Enterprises. It is stated that the accused persons in conspiracy with each other have intentionally and deliberately cheated the petitioner as a result of which, he has sustained huge loss.

3. After institution of the complaint, the complainant was examined on solemn affirmation under Section 200 of Cr. P.C. Three other witnesses were also examined on behalf of the complainant in support of his case in inquiry conducted under Section 202 Cr. P.C. After examining the complainant and the witnesses, the learned S.D.J.M. Gaya issued process against the sole petitioner vide impugned order dated 01.12.2014.

4. Learned counsel for the petitioner has submitted that the petitioner is one of the partners of M/s. P.S. Enterprises, holding 50% of the share, having its registered office at Kolkata and the firm deals in marketing and distribution of Construction and Mining Air Compressors and its spare parts. The compressor and its parts are manufactured by ELGI Equipments Ltd., Coimbatore and diesel engines are manufactured by CUMMINS India Ltd., Pune. The compressors are fitted to the diesel engine and the ELGI Equipments assembles the compressor and diesel engine and after testing the assembly, it supplies the same to the dealer. The assembled compressor is supplied with a sealed box as a kit consisting of various brochures of both the manufacturers and the Warranty Certificate from both the manufacturers, namely, ELGI Equipment Ltd. and CUMMINS India Ltd. separately. The seal of the box is opened in present of the owner of the machine and is handed over to the owner by the service engineer after initially commissioning. The service engineer of the CUMMINS India Ltd. and ELGI Equipments Ltd. check the engine separately before handing over the machine to the customer.

5. He has further submitted that the standard warranty is for