JAYARAMAN Vs. STATE

JUDGEMENT

(1.) THE petitioners are accused in CCNo.708 of 1985 on the file of the Judicial Second Class Magistrate-IV, Salem, initiated by the respondent on a complaint from one M.Bharathan on 103.1986 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 Sec.379, I.P.C., on the file of Mallur Police Station and after investigation, a charge-sheet had been filed before the Judicial Second Class Magistrate-IV, Salem, against the petitioners for an offence under Sec.379, I.P.C.,on 30.4.1988 which had been taken on file as C.C.No.708 of 1985. This petition has been filed to quash the proceedings in the aforementioned calendar case.

(3.) ON the facts, there is no doubt whatsoever that Bharathan had entered into a hire purchase agreement with Lakshmi Trade Credits Ltd., on 3.11.1978, which has again been renewed in 1981. It is not disputed that the truck was seized on 25.7.1983, but it is the definite case of Lakshmi Trade Credits that it was so seized in terms of the agreement which gives them a right to repossess the vehicle for non-payment of the instalments. In case of hire purchase, it is a matter of common knowledge that in default of any one of the monthly instalments, the financier has a right to terminate the hire purchase agreement even without notice and seize the vehicle. ON the facts of this case, such a right has been found in favour of Lakshmi Trade Credits Ltd., by the civil Court.