GURMET SINGH RANA Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by Mr. Gurmeet Singh Rana and Mr. Rajeev Gupta for quashing of proceeding pending against them on a complaint filed by Mr. Rajinder Kumar.

(2.) A criminal complaint under Section 200 of the Code of Criminal Procedure, 1973 was filed by Mr. Rajinder Kumar against M/s. Bhagwati Financing and M/s. Ekta Motors. In the complaint, it is mentioned that Mr. Rajinder Kumar had taken finance of Rs.80,000/- from M/s. Bhagwati Financing, which was to be repaid in 24 installments of Rs.4,800/- per month including interest. Mr. Rajinder Kumar has further stated that he had regularly paid installments to M/s. Ekta Motors, who was authorized to collect the said installments. In Paragraph 6 of the complaint, it is stated that Mr. Rajinder Kumar could not pay four installments and had made repeated requests to both M/s. Bhagwati Financing and M/s. Ekta Motors for additional time to make payment. It is alleged that M/s. Bhagwati Financing and M/s. Ekta Motors on 12th June, 2001 forcibly took away possession of the vehicle with some goondas. Mr. Rajinder Kumar had informed Police Station Sarai Rohilla but no action was taken and therefore, he has filed a criminal complaint.

(3.) The complaint does not mention whether M/s. Bhagwati Financing and M/s. Ekta Motors are sole proprietorship or partnership etc., if so, who is the sole proprietor and/or partner. No individual person has been named or stated.