S MITTER Vs. STATE

JUDGEMENT

(1.) These are two connected Rules calling upon the opposite parties to show cause why two proceedings under Section 406 of the Indian Penal Code pending against the Petitioner in the court of a Presidency Magistrate, Calcutta, should not be quashed or why such other or further orders should not be made as to this Court might seem fit and proper.

(2.) The Petitioner is charged with having committed criminal breach of trust in respect of a refrigerator and a radiogram in. violation of 'hire purchase agreements executed in respect of them. Breaches of the agreements having occurred, two complaints were preferred, one in respect of the refrigerator and the other in respect of the radiogram and these two revision petitions arise out of them. These Rules are accordingly dealt with and disposed of together.

(3.) The opposite party preferred complaints charging the Petitioner with having committed breach of trust in respect of the refrigerator and the radiogram in violation of the two agreements executed by the Petitioner. It is said that the Petitioner executed these hire purchase agreements, and entered into contracts with the complainant's firm called "Alamode "Furnishers" which carry on business at Calcutta. The principal terms and conditions of the agreements were that the Petitioner was to pay Rs. 100 as initial payment by way of hire and thereafter he would pay Rs. 100 per month towards hire for 24 months. It was further stipulated that if any monthly hire was left unpaid, complainant firm might terminate the agreement and recover possession of the article-in question. It was also stipulated that during the currency of the contract of hire, the Petitioner was to have no right of property or lien in the articles. The Petitioner who was described as the lessee failed to pay the stipulated hire for several months whereafter the contract of hire was terminated on a certain date; and as there was failure to deliver back possession of the properties in question, the two complaints were preferred in court charging the Petitioner with having committed criminal breach of trust under Section 406 of the Indian Penal Code.