Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37290 of 2018 Petitioner :- Amit Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohit Singh,Moinuddin Khan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri V.P.Srivastava, Senior Counsel, assisted by Sri Mohit Singh and Sri Rajendra Singh, for the petitioner and learned A.G.A. for the State.
This writ petition has been filed for quashing the F. I. R. dated 28.10.2018, registered as Case Crime No.1048 of 2018, under Sections 420, 406 and 120B, IPC, P.S. Bisrakh, district Gautam Budh Nagar.
In the F.I.R. an allegation has been made that the informant booked a mobile on Amazon Seller Service Pvt. Ltd. and payment of Rs.15,099/- was made through credit card on 26.10.2018. The delivery of mobile was made on 27.10.2018. While opening the packing it was found that there were two Ghari Detergent cakes in place of mobile. Then complaint was tried to contact on Customer Care of Amazon but no help was provided. Thus, the first informant was cheated by the petitioner, who is Global Senior Vice President and Country Manager of Amazon India (Amazon Sellers Services Pvt. Ltd.).
The counsel for the petitioner submits that as per the terms and conditions as prescribed by Government of India the petitioner is liable to refund entire money for which order is placed if any defect in the product is found. In the present case as soon as the petitioner received the complaint on 27.10.2018 he started processing for refund of money to the informant at 11-21 P.M. on 27.10.2018 and it was credited to the account of informant's bank account at -1-08 A.M on 28.10.2018. Thus the petitioner has fully complied with the terms and conditions without delay and there was no intention to commit criminal offence.
In the fact of the case, the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.1048 of 2018, under Sections 420, 406 and 120B, IPC, P.S. Bisrakh, district Gautam Budh Nagar till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 mt