LALIT MITTAL Vs. ADESH KUMAR GUPTA

JUDGEMENT

(1.) INVOKING extra -ordinary jurisdiction of this Court under section 482 of the Code of Criminal Procedure, petitioners have filed this petition for quashing the proceedings in Criminal Case No. 724/02, pending in the Court of JMFC, Jabalpur instituted on a private complaint filed by the respondent.

(2.) FACTS leading to the registration of the case pithily narrated are as under: - (i) Petitioner No. 1 is the Director of M/s Trackway Securities and Finance Pvt. Ltd. (hereinafter referred to as 'Company') and petitioner No. 2 is the agent of the Company. Respondent entered into the agreement of Hire Purchase with the Company. In the Hire Purchase agreement it was agreed upon by respondent that the creditor Company will have right to terminate the agreement and it will be entitled to retake and recover the possession of the vehicle. The respondent became a habitual defaulter in the payment of the instalment of loan to the petitioner and repeatedly violated the terms and conditions of the agreement. Since the borrower had not paid the amount due to the petitioner under Hire Purchase Scheme, the latter, exercising its right of seizure to retake and repossess the vehicle. Accordingly, applicants seized the vehicle in question. An information regarding seizure of vehicle was given to police Station, (ii) It is also alleged by the petitioners that borrower has maliciously filed a complaint. (iii) It is the case of the petitioners that the dispute is of civil nature and no case is made out against the petitioners, therefore, complaint registered against the petitioners be quashed.

(3.) PETITIONERS have filed copies of Insurance policy, notices issued by the Company to the respondent, copy of bills of Yadav Consultancy and seizure memo etc.