ROHIT JAIN Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for the quashing of FIR No.12/2024 registered at Police Station: Preet Vihar under Sec. 406 of the Indian Penal Code (in short, 'IPC').

(3.) The above FIR has been registered on the complaint of the respondent no. 2, who states that the petitioner and the respondent no.2 have known each other for the last 15-16 years. On 20/1/2023, the petitioner had come to the house of respondent no.2 and requested to borrow his BMW car bearing Registration No. DL-12CT-5454, Engine No. 0053Y292, and Chassis No. WBA5Z3707LYDO5374, as the petitioner had to go for a wedding. The petitioner promised that he would return the vehicle within 2-3 days. Earlier also the petitioner had been borrowing the car of the respondent no.2 and used to return the same in time. The respondent no.2 states that based on this request, he handed over the keys of the vehicle to the petitioner. He further states that on the next day, the petitioner came to him and told him that the keys of the vehicle were not traceable as the children may have kept them somewhere. Thereafter, on one pretext or the other, the petitioner avoided handing back the vehicle to the respondent no.2. After a few days, the petitioner told the respondent no.2 that he has several criminal cases against him and that the respondent no. 2 should forget about his car. The petitioner also threatened the respondent no.2 to sign some papers, without any protest, relating to the car that he will be sending, otherwise, he and his family members shall be killed. The respondent no.2 states that he had taken a loan for the said car and therefore, he requested the petitioner to send the car back. However, the petitioner also threatened him that he would use the vehicle for some offence. Thereafter, the respondent no.2 made a complaint in this regard to the DCP, East, and to the SHO Police Station Preet Vihar, Delhi. The petitioner then entered into a Settlement Agreement dtd. 18/8/2023 with the respondent no.2, to have the vehicle transferred in his own name and to pay the balance loan to the bank. However, the petitioner did not pay any amount to the bank, but, got the vehicle transfer documents signed from the respondent no.2. Since then, the petitioner is refusing to pay the money and is also not returning the car.