NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This M.C. is filed by accused Nos. 1 and 7 in Crime No. 10/98 registered by the Thodupuzha Police now pending in S.C. No. 154/1998 before the Assistant Sessions Court, Thodupuzha to quash the entire proceedings against them.

(2.) The defacto complainant filed a complaint before the S.I. of Police, Thodupuzha alleging offence punishable under S.395 of I.PC. against the petitioners and others and accordingly the Thodupuzha Police registered Crime No.40/98. After completing the investigation the investigating officer filed Annexure-A5 charge sheet against the accused including the petitioners herein alleging offence punishable under S.395 of I.PC. before the Judicial First Class Magistrate's Court - II, Thodupuzha. The learned Magistrate registered the case as C.P. No. 21/98 and committed the same to the Court of Session, Thodupuzha. Accordingly the above case is registered against the petitioners and other accused.

(3.) The 2nd petitioner - Ist accused is the proprietor of Sierra Finance and the 1st petitioner -7th accused is an employee under him. The defacto complainant entered into a hire-purchase agreement in respect of a 1984 Model Ashok Leyland bus bearing registration No. KRQ 3717 evidenced by Annexure-A1 whereby he is liable to pay the hire amount of Rs.180,000/- in 24 monthly instalments commencing from 30.9.1996 to 30.8.1998 as evidenced by Annexure-A2 payment schedule. The petitioners have contended that since the defacto complainant defaulted the payment of the instalments and violated the conditions stipulated in the hire-purchase agreement, the 1st petitioner was authorised to re-possess the vehicle from the hirer as per the terms of the agreement and Annexure-A3 is the copy of the letter dated 16.1.1998 authorising the 1st petitioner to seize the vehicle. Accordingly the vehicle was repossessed on 20.1.1998 and the financing company intimated that fact to the hirer, the defacto complainant. The petitioners have contended that after registering Crime No.40/98 the S.I. of Police, Thodupuzha has seized the vehicle from the custody of petitioners and produced the same before the Judicial First Class Magistrate's Court - II, Thodupuzha and the Magistrate had given interim custody of the vehicle to the defacto complainant.