GURUPRASAD JAISWAL Vs. RAMAKANT GUPTA

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short `the Code') is for quashment of Criminal Complaint Case No.38/2003 pending before the Court of Judicial Magistrate First Class, Ramanujganj.

(2.) Quashment is prayed on the ground that if the allegation made in the complaint is admitted in its face value, even then conviction of the petitioner under Sections 392, 394 & 506 read with Section 34 of the I.P.C. would not be possible on the ground that the petitioner has took out the vehicle in question in compliance of the agreement executed between the parties.

(3.) Brief facts leading to filing of this petition are that respondent No.1 has purchased one bus under hire purchase agreement and the amount was financed by Shriram Transport Finance Co. Ltd. (for short `the Finance Company'). The petitioner is administrator of the Finance Company. Respondent No.1 has paid the amount of loan. On 15-12-2002 at about 4-5 p.m. the bus was standing in a work shop at Ambikapur. The petitioner along with other persons came to the said work shop and forcefully tried to snatch the key of the bus from the conductor of the bus, they used filthy language and threatened the bus conductor & respondent No.1 also, and after snatching the key of the bus they took out the bus forcefully. Respondent No.1 made a complaint to the Police and finally, filed complaint before the Judicial Magistrate First Class, Ramanujganj who made enquiry in terms of Chapter XV of the Code and registered criminal complaint case against the petitioner.