JAYARA MAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are accused in C.C. No. 708 of 1985 on the file of the Judicial Second Class Magistrate-TV, Salem, initiated by the respondent on a complaint from, one M. Barathan on 10-3-1986 alleging that on 25-7-1983 at about 2.30 p.m., fifty persons belonging to Lakshmi Trade Credits Ltd., Madras, took away his lorry bearing Registration No. TNL. 3465, in the process of which they tried to attack him as well. According to the first informant, he ran away while the group of persons took away the vehicle. It is also stated in the First information Report that Bharathan had already preferred a complaint on 25-7-1983 at the Mallur Police Station, on which no action had been taken.

(2.) The First information Report dated 10-3-1986 had been registered as Crime No. 89 of 1988 for an offence under Section 379, Indian Penal Code, on the file of Mallur Police Station and after investigation, a charge-sheet had been filed before the Judicial Second Class Magistrate-TV, Salem, against the petitioners for an offence under Section 379 of the Indian Penal Code, on 30-4-1988 which had been taken on file as C.C. No. 708/8. This petition has been filed to quash the proceedings in the aforementioned calendar case.

(3.) A few more facts need narration before disposing of this petition. Bharathan, the first informant, even in 1983 filed O.S. No. 1366 of 1983 on the file of the Additional District Munsif-in-charge, Salem, against Lakshmi Trade Credits Ltd., Madras for a declaration and permanent injunction. In l.A. No. 1653 of 1983 in the said suit, Bharathan prayed for an injunction restraining the respondent (Lakshmi Trade Credits Ltd., Madras) and their men from in any way alienating or encumbering the lorry bearing Registration No. TNL 3465,which belonged to him, by means of a temporary injunction. Though the suit is pending, the temporary injunction petition was heard after the respondent therein filed a counter, and by order dated 20-6-1984 the District Munsif dismissed the prayer. In the course of the order, the District Munsif has found that on the admitted hire purchase agreement entered into by Bharathan with the respondent (therein) dated 3-11-1978, which had been renewed on 18-5-81, Lakshmi Trade Credits Ltd., continued to be the owner of the vehicle till the instalments were fully paid and was also entitled to repossess the vehicle in case of default as provided in the agreement itself marked in the proceedings as Ext. B.I. A specific finding has also been given that in terms of the agreement, Ext. B.I, Lakshmi Trade Credits seemed to have a right to repossess the vehicle.