ORDER :

The petitioner is a dealer of the petroleum products manufactured by the Hindustan Petroleum Corporation Limited (HPCL). He is the first accused in the case C.C.No.211/2019 pending in the Court of the Chief Judicial Magistrate, Kollam.

2. The first information report in the aforesaid case was registered on the basis of the complaint filed by the second respondent (hereinafter referred to also as 'the complainant') in the Court of the Chief Judicial Magistrate, Kollam which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (for short 'the Code').

3. After completing the investigation, the Sub Inspector of Police, Kollam East Police Station filed final report (Annexure-A) against two accused persons for the offence punishable under Section 420 read with 34 of the Indian Penal Code.

4. The prosecution case, as against the petitioner herein, is as follows: On 17.08.2018, at about 07:30 hours, the complainant purchased diesel for Rs.2,369.58/-from the petrol pump by name 'M/s.Thajudeen' and filled it in the car KL-02-AV-8736. Thereafter, when the car was driven for some distance, it started shivering. On inspection of the car