ISAAC JAISE Vs. JASMIT SINGH SALUJA

JUDGEMENT

(1.) This Criminal Revision, has been filed by the applicant /accused for quashing proceedings pending before learned Judicial in Criminal Case No. 279/02 as well as impugned order dated 2-7-2002 thereby, dismissing the application filed under Ss. 203, 204 Cr PC, by the applicants for their discharge.

(2.) The contention of the learned counsel for the applicant is that Non-applicant No.1 has filed criminal complaint against applicants under Ss. 406, 420 IPC alleging that on 30th Nov. 2001, at about 3.15 p.m. applicants came to his house and forcibly took Wagon R. VX/car bearing registration No. MP 09/T-0532. The said vehicle was taken by the applicants forcibly without his permission. It is also alleged that on some blank papers, by adopting coercive method, his signatures were obtained. The vehicle was purchased by the non-applicant No.1 from the applicants on hire purchase agreement and it was financed by the applicants on 14/08/2000. The applicants have advanced 3,68,000/- rupees for the purchase of this vehicle.

(3.) In the RTO, the vehicle is registered in the name of non-applicant No.1 and the name of the applicant's Company is also mentioned as financier. For the purpose of payment in instalments of Rs.12,340/-, cheques were taken by the applicants in advance. On the basis of the said cheques, applicants were regularly receiving instalments. He has also alleged that applicants were trying to sell and transfer the vehicle and also withdrawing money by cheque even after seizure of the vehicle. On these facts, he submitted that applicants has committed offence of cheating and misappropriation, punishable under Ss. 406, 420 IPC. Learned trial Court, after recording statement of the complainant under S. 200 Cr. PC., registered the case only under S. 406 IPC against applicants and issued process.