SOWMYA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Though this matter has come up for admission, with the consent of Counsel appearing for both the parties, it is taken up for final disposal. Petitioners 1 and 2 herein are accused 1 and 2 in Crime No. 155 of 2013 of Magadi Road Police Station and petitioner 3 is the Finance Company in which petitioners 1 and 2 are said to be working as Collection Coordinator and Assistant Manager Collection. The FIR in Crime No. 155 of 2013 is based on a complaint which is filed by second respondent herein with reference to alleged theft of cash in a sum of Rs. 70,000/- and certain documents of title of a vacant site said to have been kept in the glove compartment (dicky) of vehicle, on 10-5-2013 when the said vehicle was seized pursuant to an arbitral award passed with reference to recovery of loan due by its borrower, one Mr. Mohan Chikkanna.

(2.) The fact that the vehicle which is subject-matter of complaint, namely Honda Activa bearing registration No. KA-02 HM-1067 was purchased by one Mr. Mohan Chikkanna under hire purchase basis from the third petitioner is not in dispute. It is also not in dispute that petitioners 1 and 2 are employees of third petitioner-Company from whom the vehicle was taken on hire purchase by Mr. Mohan Chikkanna. The case of complainant is that he had borrowed the said vehicle from Mr. Mohan Chikkanna for his personal use and the said vehicle was taken away by the employees of third petitioner and a boy who was engaged for the said purpose is said to have stolen the cash and documents, which was kept in the glove compartment (dicky) of vehicle, as could be seen from the complaint dated 23-5-2013. Based on that, FIR is registered in Crime No. 115 of 2013 of Magadi Road Police Station.

(3.) Admittedly the complaint is received on 23-5-2013, after 13 days from the date of alleged incident. In the said proceedings, complaint is registered against first and second petitioners and also the owner of the vehicle and as well as seizing person, who are not referred to by name. With this, summons is issued to petitioners 1 to 3 for their appearance before the Police. Hence the present petition is filed seeking quashing of the proceedings pending in Crime No. 155 of 2013 of Magadi Road Police Station within the limits of III ACMM Court, Bangalore.