KAMALESH KUMAR THAKUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application is directed against an order dated 6.12.2000 passed by the learned Chief Metropolitan Magistrate, Calcutta in G.R. No. 34/2000 pending in the Court of learned Chief Metropolitan Magistrate, Calcutta.

(2.) Pursuant to a complaint lodged by the present petitioner under section 156(3) Cr.PC. before the learned Chief Metropolitan Magistrate, Calcutta which was forwarded by the learned, Magistrate to the officer-in-charge Muchipara police station for investigation, a case was registered being Muchipara P.S. Case No. 2 dated 4.1.2000 under section 406/420/467/468/471/120B and 34 of the Indian Penal Code.

(3.) The allegation made in the said First Information Report is that the complainant's firm deals in finance business and on 25.6.98 one Tapan Sarkar entered into a hire purchase agreement with the complainant's firm for purchasing a Taxi bearing Registration No. WMT 4631, Engine No. 6ED 029539 and Chassis No. 111 574716 on an initial payment of Rs. 70,001/-. The said Tapan Sarkar was required to pay a total amount of Rs. 2,12,040/- by way of 35 instalments. Tapan Sarkar time to time paid a sum of Rs. 57,040/- and thereafter he became defaulter in making the payments. The complainant's firm issued a notice in the name of Tapan Sarkar. The complainant thereafter came to know that the said taxi (WMT 4631) Was illegally sold by Tapan Sarkar to one Subhendu Bose. The complainant further came to know that the body of the said taxi is lying in a garage owned by one Nara Mistry within the jurisdiction of Kashba police station but no engine was found in the said body. The complainant came to know further that the engine of the said taxi (WMT-4631) was illegally installed in another car bearing No. WB 20-2963. Said Subhendu Bose sold out the said car being WB 20-2963 to the present opposite party No. 2 herein and the engine of the hire purchased taxi being WMT 4631 owned by the complainant is installed in the said car.