Sanjay Karsandas Thakker vs Kohinoor Steel Private Limited
2023 Latest Caselaw 2694 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                         C.R.R. 4552 of 2022
                     Sanjay Karsandas Thakker.
                                 Vs.
                   Kohinoor Steel Private Limited

For the petitioner        : Mr. Arindam Sen, Adv.
                            Mr. Saurav Basu, Adv.
                            Mr. Chitra Bhanu Gupta, Adv.

Heard on                  : 19.04.2023.

Judgment On               : 19.04.2023.

Bibek Chaudhuri, J.

The petitioner has filed the instant revision praying for quashing of a

proceeding being complaint case No.1332 of 2017 pending before the

learned Judicial Magistrate, 4th Court, Alipore alleging commission of offence

under Sections 420/120B of the Indian Penal Code.

It is submitted by the learned Advocate for the petitioner that the

petitioner has been projected as the Director in Intercrafts Autocity Private

Limited, an authorized dealer of Mercedes Benz car. The petitioner is the

non-executive Director of Landmark Cars (East) Private Limited. The

complainant/opposite party purchased the Mercedes Benz car from

Intercrafts Autocity Private Limited and before purchase of the said car, he

was interested to purchase the same viewing the brochure wherein it was

recorded that "there can hardly be a safer place on the planet than inside a

Mercedes." However, the said car had met with an accident on 7 th June,

2016. During such accident airbags of the said car were not opened. Thus,

there was mechanical defect in the car which was against the declaration

made in the brochure by the Company. Therefore, the petitioner has been

implicated in the said complaint.

Since the petitioner has no connection with Intercrafts Autocity

Private Limited, prima facie he is not liable for the offence under Section

420/120B of the Indian Penal Code.

In view of such circumstances, the instant revision is admitted.

Petitioner is directed to serve notice upon the private opposite party

under registered speed post with acknowledgment due and file affidavit of

service within three weeks from the date of this order.

In the meantime, further proceeding in connection with case No.1332

of 2017 be stayed till two weeks after summer vacation.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.22..

D/L.