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2020 (6) TMI 663 - HC - Companies LawFraud/cheating - damaged/second hand vehicle - primary allegation of the complainant/respondent No. 2 is that all the petitioners have cheated her by giving a different vehicle, which was not booked by her and the said vehicle was second-hand defective vehicle, for which she cannot run the vehicle - HELD THAT:- The selling of vehicle by the manufacturer to the dealer and the purchase of vehicle by customer from the dealer by its own choice by executing all necessary documents and it is a purely business transaction. The dealer while selling a vehicle obviously explained the features/benefits to its customer and equally the customer by its option purchased such vehicle and such transaction cannot be termed as an inducement on the part of the manufacturer/dealer/ sub-dealer within the purview of law. In the given case, there is nothing to reflect about fraudulent or dishonest intention at the time the petitioner sold the vehicle, as the complainant/respondent No. 2 purchased the vehicle by signing all the relevant documents, got the vehicle registered and vehicle run on the road for more than a year. The vehicle was brought to the dealer for servicing upto the warranty period without any complaint and only after warranty period, there was some starting problem. The condition necessary for an act to constitute an offence under Section 415 of the Penal Code is that there was dishonest inducement by the accused. In the instant case, nothing emerges to indicate that the petitioners dishonestly induced the complainant to deliver money to them. Cheating is an essential ingredient to an offence under Section 420 of the Penal Code. The ingredient necessary to constitute the offence of cheating is not made out from the face of the complaint and consequently, no offence under Section 420 is made out. Admittedly, the complainant/respondent No. 2 has lodged her complaint before the Consumer Forum, claiming damages etc. and the said forum can suitably address the issue regarding awarding compensation for damage etc. and by filing the criminal complaint, an attempt has been made by the complainant to clock the civil dispute to a criminal nature dispute despite the absence of ingredients necessary to constitute criminal offence. Criminal proceedings are not a shortcut for other remedies - Application allowed.
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