O R D E R

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 in the showroom, it was found that the diesel filled in the car was mixed with water and that damage had been caused to the internal parts of the vehicle, resulting in loss of Rs.4,00,000/- to the complainant. The first accused was the dealer appointed by the HPCL and who was conducting the petrol pump. He sold adulterated diesel and thereby cheated the complainant and committed an offence punishable under Section 420 of the Indian Penal Code.

5. This petition under Section 482 of the Code is filed by the first accused for quashing Annexure-A final report filed against him.

6. Heard learned counsel for the petitioner and also the second respondent and the learned Public Prosecutor.

7. Learned counsel for the petitioner has raised the following contentions: (1) The allegations in the final report do not constitute the ingredients of an offence punishable under Section 420 of the Indian Penal Code as against the petitioner. (2) Sample of diesel was collected not in accordance with the procedure prescribed and therefore, the certificate of chemical analysis produced by the prosecution in respect of the sample cannot be relied upon to prove the charge against the petitioner. (3) Annexure-C test report, which is based on the analysis of sample conducted in the laboratory of the petroleum company, would show that the diesel sold by the petitioner was of the prescribed standard. (4) The complainant had already initiated proceedings against the petitioner before the Consumer Dispute Redressal Forum and therefore, criminal proceedings will not lie against the petitioner.

8. The complainant had purchased diesel and filled it in the car from the petrol pump conducted by the petitioner in the name 'M/s.Thajudeen'. The petitioner, the first accused in the case, was the dealer of HPCL. It is admitted in the petition that the petitioner and his brother have been conducting the petrol pump by name M/s.Thajudeen for the last so many years.

9. Learned counsel for the petitioner contended that there was no dishonest inducement made by the petitioner and it was not on the basis of any such inducement that the complainant purchased diesel from the petrol pump conducted by the petitioner.

10. Section 420 of the Indian Penal Code deals with certain specified classes of cheating. It deals with the cases whereby the deceived person is dishonestly induced to deliver any property to any person or to make, alter or destroy, the whole or any part of a valuable security or anything which is signed or sealed and which is capable of being converted into a valuable security. It is well-settled that deception of a person and dishonest inducement of the person so deceived are necessary ingredients of an offence punishable under Section 420 of the Indian Penal Code.

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