GUNVANTH CHAND KHARIWAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No. 815 of 2017 of Perinthalmanna Police Station for offences punishable under Sections 143, 147, 351 and 379 IPC.

(2.) The case of the prosecution is that on 21.04.2017, at about 11.30 a.m., the accused committed theft of one Corolla Altis Car from the residence of the de facto complainant on behalf of Finance Company. The crime was registered on the basis of a private complaint forwarded under Section 156(3) of Cr.P.C.

(3.) The petitioner is a financier in Chennai. The de facto complainant availed a hire purchase loan from the petitioner for purchasing a Corolla Altis Car bearing registration No. KL 10 AM/52. As per the hire purchase agreement dated 19.10.2016, the complainant undertook to repay a sum of Rs.6, 13, 000/- in 30 monthly instalments; but he remitted only two instalments. The hire purchase agreement provides that the hirer will surrender the vehicle if he fails to pay any monthly instalments and the financier is free to re-possess the vehicle in such contingencies. The petitioner was served with a demand notice intimating him to repay the instalments or surrender the vehicle. Accordingly, the vehicle was voluntarily surrendered by the complainant to the agents of the petitioner at Manjeri. But the vehicle was not in good condition when it was surrendered. Thereafter, the petitioner has issued Annexure A5 notice to the de facto complainant demanding to pay the instalments due together with expenses and charges and to regain possession of the vehicle. Since there was no response, the petitioner has thereafter issued Annexure A6 notice to the de facto complainant. In response to the same, the de facto complainant has given Annexure A7 reply admitting the default in repayments.