AMIT SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioners are aggrieved by the summoning order issued upon an FIR lodged by one Deepak, alleging commission of offences under Section 365/479/506/34 IPC.

(2.) The facts necessary to decide this case are that one Dharamraj had purchased an Ambassador car after availing of financing facilities on hire-purchase basis; from an institution financing vehicle purchase, M/s Muthoot Leasing & Finance Co. Ltd. Apparently, the purchaser used to deposit the installments and at same point in time Shri Kanwar Singh Tanwar, an MLA took fancy to the vehicle and with the consent of the purchaser kept it with himself. The installments fell due and on account on non-payment, the financier authorized the re-possession of the vehicle.

(3.) At the time of repossession/taking back the vehicle on account of failure to pay the installments, the driver, one Deepak alleged that he was beaten up and also confined by four boys. The FIR was lodged and the matter was investigated. This eventually led to final report recommending that no evidence existed for action against staff of M/s Muthoot Leasing & Finance Co. Ltd, the employer of the petitioners in this case.