RAJEEV RAIJAYADA Vs. STATE

JUDGEMENT

(1.) In this petition under Article 226 of the- Constitution, appropriate writ for quashing of a First Information Report alleging commission of offences under Sections 392, 452 and 506 read with Section 34 of the Indian Penal Code have been sought.

(2.) The petitioner is an Area Officer with M/s. Ashok Leyland Finance Ltd. (hereafter called "The Company"). He avers that one Sh. Ram Gopal Verma (hereafter called "Borrower") approached the company for the financing of a two-wheeler (Hero Honda Splendour) motorcycle. The proposal was accepted; consequently a Hire-purchase Agreement was entered into. The vehicle was purchased and the monthly instalment payable under the arrangement was Rs. 1831/-. The petitioner avers that the entire amount financed by the company was repayable in 24 equated monthly instalments, for which the borrower issued post-dated cheques.

(3.) It has been further averred that the borrower did not make timely payments leading to an outstanding amount of Rs. 6517/- (Rs. six thousand five hundred seventeen only). Under the circumstances, in terms of the hire- purchase agreement, the petitioner, on behalf of the company, along with certain other persons took possession of the vehicle on 16.09.2003 from the borrower.