MOHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, the applicant seeks to quash Crime No.267/2003 under Section 420, 468 and 471 of I.P.C. registered at Police Station Sitabuldi, Nagpur.

(2.) THE applicant is the Manager of Tata Finance Ltd. Nagpur. Under agreement dated 6.7.1998 one Rajindersingh Saini of Nagpur purchased truck No.MP-23-D-5697 on borrowing loan of Rs.2,30,000/- from Tata Finance, Nagpur. According to the applicant, Rajindersingh Saini failed to repay the loan and hence under the terms of the agreement dated 6.7.1998 the truck was seized by Tata Finance on 4.12.2000. Even prior to the purchase of the said truck by Rajindersingh Saini, it was seized by Tata Finance from its previous purchaser/borrower Kalpesh Thakkar of Raipur and prior to it from one Mrs. Suvarna Kaur of Raipur. On 2.3.2001 Tata Finance informed Rajindersingh Saini that they would settle the contract and would issue no objection certificate against payment of Rs.1,85,000/-. They also informed that the offer was valid till 31.3.2001. It appears that Rajindersingh Saini did not respond to this offer and hence on 3.10.2001 the said truck was auctioned by Tata Finance and it was purchased by Maruti Lakshane. Thereafter Rajindersingh Saini approached Police Station Panchpaoli and Crime Branch in connection with the said transaction. However, they refused to take action.

(3.) BY letter dated 26.2.2003 A.C.P. Crimes, Nagpur City informed Police Station Sitabuldi that action should be taken in respect of cheating by R.T. O. Officers. The copy of the said letter was also forwarded to Rajindersingh Saini. It appears that thereafter Crime No.267/2003 was registered at Police Station Sitabuldi.