RAJENDRA NATH RUIA Vs. ST OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application is under sections 439 and 561 (A) of the Code of criminal Procedure against an order passed by Shri R. Roy Chowdhury, magistrate, First Class, Alipore, 24-Parganas on 1. 8. 66 in case No. G. R 2478 of 1965 T. R. No. 28 of 1966 framing a charge against the petitioner under section 411 I. P. C.

(2.) THE facts leading on to the present Rule may be put in a short compass. The present petitioner, rajendra Kumar Ruia, is the partner of m/s. Shri Annapurna Credit Company, which is a firm of financiers. Through an agreement dated the 7th July 1961 purporting to be a hire-purchase agreement, a copy whereof has been marked as annexure "a" to the supplementary affidavit filed on behalf of the petitioner, entered into between the complainant Sudhindra Kr. Sengupta as the hirer on one part and M|s. Shri annapurna Credit Company as the owners on the other part, a Taxi Cab being Taxi Cab No. WBT 1298 was purchased by the above-mentioned complainant undertaking to pay the price thereof by regular monthly instalments of Rs. 690/- with an initial payment of rs. 710. 50 p. on the first month. On the 27th April 1965 a written complaint was lodged at the Jadavpur Policestation by the complainant to the effect that he is the owner of the Taxi Cab no. WBT 1298 and Haradhan Das, the co-accused, is the driver ; that on 26. 4. 65 the said Haradhan took away the taxi upon signing the Garage Register for plying the same and return it at night but he failed to do so and that on 27. 4. 65 when the complainant went to his place and enquired about the taxi and the money the said accused haradhan Das asked the complainant to get out of his house. After investigation a charge-sheet was submitted under section 406, I. P. C. against the said driver and under section 411, I. P. C. against the accused-petitioner.

(3.) IN the meantime M s. Shri Annapurna credit Company, the aforesaid financiers firm as the plaintiff, filed a suit in the Original Side of the high Court being Commercial Cause suit No. 708 of 1965, against the present complainant as well as the guarantor, as parties defendants, for declaration of title and possession, appointment of a receiver, Accounts and decree for the balance of unpaid hire-purchase sum of Rs. 5500 and for costs etc. In the said suit a Receiver was appointed by this Hon'ble Court and he was directed to take possession of the vehicle and to sell the same. Ultimately a decree on compromise was passed in the said suit on 5. 8. 66 for a sum of Rs. 5500/-, a copy whereof has been marked as annexure 'b' to the supplementary affidavit filed on behalf of the accusedpetitioner.