RAGHUNATH V NAIR Vs. STATE

JUDGEMENT

(1.) THIS Criminal Original Petition has been filed praying to call for the records on the file of the respondent J5, Sastri Bhavan Police in their Crime No.839 of 2002 and quash the same.

(2.) THE case of the petitioner is that he is working as Branch Manager in TATA Finance limited, a reputed Non Banking Financial Institution which is engaged in the business of extending finance under Hire Purchase/Lease Scheme; that M/s Sanguino Impex P Ltd.approached TATA Finance Limited for 100% finance for being given use of a Ford Escort Car under a lease agreement and a lease agreement was entered into between TATA Finance limited and M/s Sanguino Impex P. Ltd. on 12. 5. 1999 and a new Ford Car was purchased by Tata Finance limited for a sum of Rs.7,59,988/- and given for the use of M/s Sanguino Impex P.Ltd.; that as per the terms and conditions of the agreement between the parties, the lease was for a period of 60 months commencing from 12. 3. 1999 to 12. 4. 2004; that the lessee was liable to pay a sum of Rs.18,170/- per month for the first 59 months and Rs.17,792. 79 for the 60th month as lease rental every month to have the use of the car; that the agreement in Clause 23 provides refers the TATA Finance Limited as owner of the vehicle which has been given for the use of the lessee under the agreement, being entitled to repossess the same in the event of the lessee defaulting in payment of dues; that as provided in the agreement, the 1999 Model Ford Escort Car was registered in the name of M/s.Sanguino Impex Private Limited with Registration No.PY-01-M-1960; that the said M/s.Sanguino Impex Private limited committed a series of defaults and failed to pay the monthly lease instalments; that various cheques issued by them got dishonoured when presented for payment; that the Head Office of TATA Finance Limited at Mumbai put M/s.Sanguino Impex Private Limited on notice by letter dated 18. 6. 2002 that the lessee was in default in payment of dues, and if the dues were not cleared promptly, the said company would be forced to act under the terms of the agreement; that following the lessees failure to take any step to clear the dues, the Head Office TATA Finance Limited at Mumbai authorised the repossession of the leased vehicle and it was repossessed on 18. 7. 2002; that as on the date of repossession, four monthly instalments viz. 12. 4. 2002 to 12. 7. 2002 remained unpaid with default interest; that the repossession has been intimated to the police authorities on the same day.

(3.) IN the third judgment cited above, in a case wherein the truck sold under hire-purchase agreement was seized by the financier on default in payment of instalment and buyer launched criminal prosecution in which the Honourable Apex Court held: "The launching of criminal prosecution by the buyer was an abuse of process of the court since the dispute was essentially of a civil nature." Citing the above judgments, the learned counsel for the petitioner would pray to the relief extracted supra.