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2009 Supreme(Ori) 796

B.P.RAY
MAHAVIR AUTO DIAGNOSTIC PVT. LTD. – Appellant
Versus
MANOJ AIYER – Respondent


JUDGMENT :

B.P. Ray, J. - The Petitioners have assailed the order of cognizance taken by the learned S.D.J.M., Bhubaneswar in ICC Case No. 206 of 2007 on the basis of a complaint filed by the opp.party. Learned Magistrate by the impugned order dated 2.2.2007 has taken cognizance of the offence u/s 420/34, IPC and has issued summons to the accused persons for which the Petitioners have filed this application Under Sections 482, Code of Criminal Procedure.

2. The complaint petition filed by the opp.party has been enclosed as Annexure-6 to this petition. From the averments made in the complaint petition it would appear that the complainant had purchased a Skoda car from the Petitioners from their Bhubaneswar Show Room on 28.10.2006. It was alleged that while purchasing the said car the Petitioners had made certain inducements/promises to the complainant for which the complainant agreed to purchase the car in question. According to the complainant, the Petitioners had promised to give a cash discount of Rs. 30,000/- on the prevailing quoted sale price, which the complainant was yet to receive and further the Petitioners had promised to give the complainant a Multi CD changer Music system














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