PURNA KANTA HAZARIKA Vs. SANJOY KUMAR JAIN

JUDGEMENT

(1.) 1. The petitioner assails an order dated 27/7/92 passed by the learned Judicial Magistrate, 1st Class, Mongaldoi in C.R. Case No. 803/92 Under Section 420/506 of the Indian Penal Code and seeks a direction to quash the proceeding of the aforesaid case on the ground that no prima facie case has been made out for proceeding against the petitioner under the aforesaid Sections of law.

(2.) The complaint was filed by the Respondent against the petitioner on 27/7/92 stating that the complainant and the petitioner came to know each other while the petitioner was serving in the Office of Superintendent of Police, Tezpur. The petitioner requested the Complainant to allow him to use his Ambassador Car bearing Registration No. ASE-3611 during the marriage of his notice. The petitioner promised to return the said vehicle after four days. However, the petitioner failed to return the said vehicle, the petitioner shouted at him and the petitioner took away the Car to his village Gharamara. The Complainant also states further that the petitioner might sell the car or its parts. In the complaint petition the complainant requested the Court to issue Warrant of arrest againsl the petitioner and also to issue a Search Warrant to recover the said vehicle. On receipt of the said complaint the complainant was examined on oath and his statement was reduced to writing. A translated copy of the statement has been made available before this Court to-day.

(3.) Mr. A. Roy learned counsel for the petitioner and Mr. R.K. Jain, learned counsel for the Respondent/Complainant are heard and I have gone through the-said statement. More or less it is the same version as he has stated in his complaint. The simple complaint of the Respondent- Complainant is that although the said vehicle was taken for use for a few days, the petitioner has failed to return it and instead of returning the vehicle, the petitioner shouted at him when he asked for the vehicle.