KHAN HASIB IBRAHIM Vs. SURESH HARIBHAU KAPARE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, heard for final disposal. The present proceeding is filed to challenge the order made by JMFC Ahmednagar to police to make investigation of the case u/s 156(3) of Cr.P.C. On the basis of this order, C.R. No. M-10/2007 is registered in Topkhana police station, Ahmednagar for offences punishable u/s 392, 395 & 34 of IPC.

(2.) The petitioner is branch manager of Shriram Transport Finance Company Ltd. Ahmednagar. The brother of respondent No. 1 had taken finance from Shriram Transport Finance Company Ltd. Branch Ahmednagar for purchasing 2 trucks. The two trucks were purchased and hypothecation agreement was signed by said brother of respondent No. 1. In the agreement, the finance company had the power to repossess the vehicle in case default was committed by borrower in making payment of installments of loan. There was also arbitration clause in the agreement. As the default was committed, steps were taken by the finance company and both the vehicles were repossessed.

(3.) The borrower had first approached Consumer Forum, Ahmednagar and he obtained some interim order to prevent the finance company from selling the vehicle. This proceeding was filed on 31/10/2007. This proceeding came to be disposed of and the application came to be rejected. An attempt was made to get the custody of vehicle by said borrower by making application u/s 94 of Cr.P.C. but there also he failed. Then, present respondent No. 1 filed complaint and on that complaint, aforesaid order was made by JMFC. This step was taken by respondent No. 1 in December 2007.