AMOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

(2.) This is an application for quashing of the F.I.R. lodged by the respondent No. 2 in Police Station Ashti, District Beed under Section 424, 347, 403, 506 read with Section 34 of the Indian Penal Code.

(3.) Facts giving rise to this application are that on 23.2.02017, the respondent No. 2 purchased a Piaggio Ape goods vehicle from Suyash motors, the Proprietor of which is Karan Saheb Zagade who is accused No. 1. The said purchase was fnanced by the accused No. 2 Hinduja Finance Companny, Ahmednagar, applicant herein. It is further alleged that the said vehicle was purchased for Rs. Two Lakhs Fifty Thousand. The applicant advanced Rs. 1,55,000/- (Rs. one lakh ffty fve thousand only) to the respondent No. 2. The respondent No. 2 issued nine blank cheques in favour of the applicant. On 21.1.2017 the respondent No. 2 paid Rs. 4,000/- (Rs. four thousand only). On 13.5.2017 the respondent No. 2 paid Rs. 27,000/- (Rs. twenty seven thousand only) and thereafter Rs. 9,000/- (Rs. nine thousand only) was paid by the respondent No. 2. The monthly instalment was of Rs. 5800/- (Rs. fve thousand eight hundred only). In this manner till December, 2017, the respondent No. 2 paid the instalments to the applicant Finance Company. The complainant has paid more than the amount due. On 23.2.2018 the Piaggio vehicle No. MH-23-AR-0056, was standing in front of the house of the respondent No. 2. At that time, some persons forcibly took away the vehicle. On inquiry they told the respondent No.2 that they were hired by accused No. 1 Karan Zagade. Therefore on 9.9.2018 the instant F.I.R. was fled by the respondent No. 2 against the applicant and said Karan Zagade.