JUDGMENT :

Instant petition has been filed for quashing of F.I.R. and entire criminal proceeding of Sakchi P.S. Case No.20 of 2022 under Section 406, 420, 384, 504, 506, 34 of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Jamshedpur.

2. As per the prosecution case, the opposite party No.2 filed Complaint Case No.2243 of 2021 before Chief Judicial Magistrate, Jamshedpur wherein he alleged that he purchased a mobile phone manufactured by the petitioner for Rs.73,900/- on 08.04.2019 from B.S. Enterprises (A2). It is alleged that after three months, the said mobile phone developed some problem and O.P. No.2 approached the showroom but they refused to replace the mobile phone and only offered to repair. However, even after repair, the said mobile phone was not made functional. The O.P. No.2 send a legal notice through his Advocate but the accused No.2 replied that he has no responsibility for the same.

3. It is submitted by learned counsel on behalf of petitioner that there is no material to disclose the fundamental ingredient of the offence under Sections 406/420 of the IPC. To make out an offence under Section 406 of the IPC, there must be some material to show