HAROON KHAN Vs. STATE OF MP

JUDGEMENT

(1.) THIS is a petition under S. 482 of the Code of Criminal Procedure preferred by petitioner accused for quashment of the impugned order dated 24.10.2005 passed in Criminal Case No. 323 of 96 whereby the learned trial Magistrate took cognizance against the petitioner for commission of offences under S. 420, 422 and 406 of the Penal Code, which was confirmed in criminal revision No. 182 of 05 vide order dated 17.2.2005, preferred by petitioner accused.

(2.) RESPONDENT No. 2 Maheshchandra had filed a private criminal complaint against the petitioner on the allegation that bus bearing Registration No. MBO 967 (Model 1986) was purchased by petitioner after obtaining advance from respondent No. 2 and after entering into an hire purchase agreement, an amount of Rs. 2.00 lakhs was advanced which was to be repaid in 36 equal monthly instalments. But the petitioner had paid only 9 monthly instalments and thereafter stopped the payment. It has also been averted that entry of hire purchase agreement was not got made in the registration book of the vehicle intentionally and deliberately with an ulterior motive. After some time taking benefit of the aforesaid act he got finance from another finance company on the same bus and thereby cheated the complainant respondent No. 2 by causing wrongful loss to the complainant and wrongful gain to himself. .

(3.) PER contra, learned counsel for respondent submitted that from the very beginning the intention of the petitioner was to deceive the complainant and that is why the entry with regard to hire purchase agreement was not got made in the registration book of the financed vehicle and taking benefit of aforesaid lapse, another finance amount was obtained. This conduct of the petitioner clearly prima facie proves all ingredients of the offence of cheating.