MAHENDRA KANK ARIA (JAIN) Vs. BINOY KAKOTY

JUDGEMENT

(1.) THE Petitioner has filed this revision invoking this Court's inherent power for quashing the order dated 7.8.91 and order dated 9.7.93 passed by the Judicial Magistrate, Guwahati in Case No. 1202C/91.

(2.) THE Petitioner's case is that a complaint case was filed before the Magistrate, Guwahati, stating, inter alia, that on 27.5.86 the complainant executed a hire purchase agreement for taking a sum of Rs. 24,000/ - for the purpose of purchasing a truck from the Petitioner who carries on business under the name and style of M/s R.C. Financier, Fancy Bazar, Guwahati. As per the said agreement a sum of Rs. 35,000/ - was to be paid in 12 instalments and in accordance with that the complainant paid about Rs. 37,000/ - in instalments to the accused and obtained receipt thereof. On 10.7.91 the Petitioner along with some other undesirable persons came and demanded Rs. 25,000/ - more from the complainant -opposite party. In reply, however, the opposite party informed that he had paid the entire amount taken from the financier in purchasing the vehicle. The complainant further stated that the complainant and when the complainant protested, the accused along with others had beaten the complainant. After two days the accused -Petitioner taking advantage of the absence of the accused -Petitioner taking advantage of the absence of the complainant trespassed into his house and uttered nasty words to the wife of the complainant. Apprehending that the situation might turn from bad to worse, the wife of the opposite party locked the door from inside when the accused -Petitioner went away. Again on 22.7.91 the Petitioner came with two other persons; entered the house of the complainant and threatened the complainant to finish him and rape his wife, if the amount were not paid.

(3.) I have heard Mr. G.N. Sahewalla, learned Counsel for the Petitioner and Mr. G. Gopal, learned Counsel for the opposite party.