Supreme Court on 13th July 2024 disposed 15 years old cheating case pending against BMW India PVT. Ltd and certain members of management instituted by GVR Infra Projects, being aggrieved by BMW’s supply of a defective car in 2009.
A First Information Report was lodged by GVR Infra Project on 16th November 2009 for the alleged offence under Section 418 and 420 of the Indian Penal Code 1860. Where the complainant had purchased a BMW series 7 vehicle on 25 September 2009, On 29th September 2009 while the complainant was driving he noticed the defect and the car was taken to the workshop. On 22nd march 2024 the High Court quashed the proceeding and while doing so directed the company to replace the defective car with the brand new BMW car which was agreed by the accused but the order of the High Court was challenged by the State of Andra Pradesh on 22 June 2012, the Director (Finance & Administration) of BMW India Private Limited addressed a communication to the complainant to return the vehicle so as to comply with the orders of the Court and to take further steps in compliance but the complainants learned counsel responded dated 25 July 2012. It was informed by the complainant to the manufacturer that he was not interested in taking a new vehicle instead he want the equivalent amount to the vehicle with interest. The High Court observed that no ingredient of cheating is established, the manufacturer moved to the court for quashing the complaint under Section 482 of Criminal Procedure code 1973. The High Court proceeded on the same basis as the replacement of vehicle was not challenged.
Supreme Court after hearing both the learned counsel of parties the bench of CJI DY Chandrachud and Justices JB Pardiawala, Manoj Misra observed that Bearing in mind the nature of the dispute, which was confined only to a defective vehicle, we are of the view that allowing the prosecution to continue, at this stage, nearly fifteen years after the dispute arose, would not subserve the end of justice. Instead by exercising the jurisdiction of this court under Article 142 of the Constitution of India Substantial Justice can be done by directing the accused of pay the compensation of Rs 50 lakhs before 10th August 2024 by the terms provided in the order.
CASE NAME- The State of Andhra Pradesh v. BMW India PVT.Ltd. and Ors
NAME: SAFA HUSSAIN, COURSE: B.A.LL.B. (Hons), COLLEGE: JAMIA MILLIA ISLAMIA, NEW DELHI, INTERN UNDER LEGAL VIDHIYA.
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature
0 Comments