The Madras High Court on Monday quashed a private complaint lodged against Anand Mahindra, chairman of Mahindra Group, by an advocate because one of the company’s dealers in Puducherry had allegedly failed to deliver a motor vehicle in 2014 despite taking money.
Justice M. Nirmal Kumar quashed the case pending before a Judicial Magistrate in Puducherry after it was reported that Mr. Mahindra had nothing to do with the alleged failure on the part of RajaRajan & Sons whose dealership was not renewed due to multiple lapses.
Appearing on behalf of the quash petitioner, his counsel Kalyan Jabakh said, the complainant, V. Anand of Bengaluru had reportedly booked a XUV500 with the dealer in Puducherry in 2014 and paid the entire amount. However, he complained that the vehicle was not delivered.
Instead of sorting out the issue with the dealer, the lawyer chose to lodge a private complaint under Section 200 of Code of Criminal Procedure against Mr. Mahindra and the dealer under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code.
The Magistrate too, without applying his mind, issued summons, he complained and urged the court to quash the complaint in toto. Though the quash petition was filed as early as in 2017, it remained pending since the complainant failed to appear and contest the plea.
Therefore, the judge appointed a counsel from the Legal Aid Services for the complainant, heard his arguments and allowed the quash petition.
