PRAKASH CHAND RATAN CHAND Vs. MANIK BHAGWAT TRIBHUWAN

JUDGEMENT

(1.) Leave to add.

(2.) In this revision petition, the petitioner seeks to quash and set aside the proceeding in private complaint bearing RTC No. 293/1996 instituted in the court of Judicial Magistrate, First Class, Kopargaon, for the offence punishable under sections 420 and 464 read with 34 of the Indian Penal Code.

(3.) Briefly stated, the relevant facts are that respondent No. 1 purchased truck bearing registration No. MH-17/a-6670 by borrowing loan of Rs. 36,000/-from the petitioner and entering into hire-purchase agreement with the petitioner proprietary firm M/s Chopra Auto Finance, Hyderabad. Respondent No. 1 committed default in payment of instalments, therefore, the petitioner took the vehicle in his possession. However, respondent No. 1 approached the petitioner with a request to review the agreement. In pursuance of his request, another hire-purchase agreement was entered into between the parties on 6-5-1993. Respondent No. 1 agreed to repay the outstanding amount of Rs. 49,000/- in twenty monthly instalment of Rs. 2450/- each. Respondent No. 1, however, committed default in payment of the instalment, as a result the vehicle was again taken in possession by the petitioner. On this occasion, respondent No. 1 instituted a criminal proceeding against petitioner and three others in the Court of judicial Magistrate, First Class, Kopargaon bearing R. T. C. No. 293/1996 for the offence punishable under sections 420, 464 read with 34 of the Indian Penal code. After recording of the verification, the matter was referred to the police for investigation under section 202 of the Code of Criminal Procedure. Investigation officer submitted report dated 2-1-1997 making it clear that the dispute is of a civil nature. Along with the complaint, respondent No. 1 had filed an application for search warrant under section 93 of the Code of Criminal Procedure in respect of the truck bearing registration No. MH-17/a-6670. After receipt of the report of the Investigating Officer, the learned Magistrate passed an order dated 23-10-1997 issuing search warrant under section 93 of the Code of Criminal Procedure. After getting knowledge of this development, the petitioner has approached this court for quashing of the complaint.