SANTHILAL CHORDIA Vs. STATE

JUDGEMENT

(1.) The petitioner, against whom the complaint has been filed by the 2nd respondent under Sections 409. 403, 405, 415, 418 and 109 IPC, has filed this Criminal Original Petition, seeking to quash the FIR as well as the charge sheet in C .C. No. 119 of 2006 on the file of the Judicial Magistrate, Ulundurpet, Villupuram District.

(2.) The brief facts, which are necessary for disposal of this Criminal Original Petition, are as follows: The petitioner is carrying on finance business in Ulundurpet, Villupuram District. The 2nd respondent has availed a loan of Rs. 2,30,000/- for purchase of lorry, bearing Registration No. TCM-2714 under hire purchase agreement, as per which, the 2nd respondent has to pay the installments and in lieu of it, he has handed over the documents relating the vehicle, such as permit, RC Book and the insurance policy to the petitioner. According to the petitioner, the 2nd respondent did not pay the loan amount regularly and there is a balance of Rs. 60,700/- due from the 2nd respondent. While so, the 2nd respondent has given a complaint before the District Collector, Villupuram District on 9.8.2004 and Another complaint before the Superintendent of Police, Villupuram against the petitioner, alleging that though the entire loan amount has been paid, the petitioner failed to return the documents relating to the vehicle, thus preventing the 2nd respondent from plying the vehicle, causing loss and damage to the 2nd respondent.

(3.) According to the petitioner, both the authorities closed the complaint on the ground that it is of civil nature and no criminal offence was made out. In spite of it, the 2nd respondent has filed the private complaint against the petitioner with an ulterior motive in order to wreck vengeance against him.