AMARCHAND CHAJER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This R. P. is filed by the complainant In C.M.P. No. 4845/2000 on the file of the Judicial First Class MagistrateTs Court, Tirur challenging the order dated 27-5-2000 dismissing the complaint filed, under Section 203 of the Cr. P.C.

(2.) The revision petitioner filed the complaint before the lower court alleging offences punishable under Sections 406 and 420 of I.P.C. Even though the revision petitioner had sought in the complaint to send the complaint to the police for investigation and report under Section 156(3) of the Cr. P.C., the learned Magistrate after recording the sworn statement of the revision petitioner and hearing him, dismissed the complaint.

(3.) The revision petitioner has alleged that on 29-1-2000 one K. Abdulnazar, S/o Saidali entered into a hire purchase with the revision petitioner with respect to a 1996 model vehicle bearing No. KL/1OE/3681 whereby he was liable to pay Rs. 4,12,000/ to the revision petitioner In 36 monthly instalments from 29-2-2000 onwards. The hirer did not remit any of the instalments and all efforts of the petitioner to repossess the vehicle did not fructify. It is further alleged that on enquiry it was revealed that the hirer had dismantled the vehicle and disposed of the parts of the vehicle in utter violation of the terms and conditions of the agreement. It is also alleged that the intention of the hirer even at the time of entering into the hire purchase agreement was somehow to get possession of the vehicle and later dismantle the vehicle and dispose of the same without remitting the hire amount. Therefore, he filed C.M.P. 4845/2000 against the accused alleging offences punishable under Sections 406 and 420 of I.P.C.