SANTOSH GAHARWAR Vs. STATE

JUDGEMENT

(1.) This is a petition, under Section 482 of the Code of Criminal Procedure (for short "the Code"), for quashing of the order-dated 9.2.2010 passed by Shri M.K. Tripathi, JMFC, Waidhan, District Singrauli, upon a complaint made by respondent No. 2, directing issuance of process against the petitioner, in respect of the offences punishable under Sections 394, 420, 467, 468, 471 & 506B of the IPC. The petitioner is the Manager of Waidhan Branch of M/s. Shriram Transport Finance Co. Ltd. with whom the respondent No. 2 had entered in to a hire purchase agreement in respect of a 10-wheeler Hiva (Tipper), subsequently registered as MP-53/H.A. 0141 and financed by M/s. Shriram Transport Finance Co. Ltd., Branch at "Waidhan. The vehicle met with an accident on 23.8.08 and therefore, some of the installments could not be paid.

(2.) Clause 6(b) of the agreement was couched to these terms -

(3.) The complaint contained the following allegations:-