AKAN KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Misra, learned counsel for the petitioner. I have also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam appearing for the respondent No. 1 and Mr. S.N. Krishnatraya, learned counsel representing respondent No. 2.

(2.) This application has been filed under Sec. 482 Crimial P.C. with a prayer to quash the complaint case registered as C.R. Case No. 3434C /2018 under Sec. 138 of the Negotiable Instrument Act, 1881 pending in the court of learned Judicial Magistrate, 1st Class, Kamrup (M), Guwahati.

(3.) The facts of the case, as apparent on the face of the record, briefly stated, are that the petitioner/ accused had purchased a Mahindra Maximo vehicle bearing registration No. AS-01DC-5107 by availing loan for a sum of Rs. 3,53,430.00 from the complainant/ respondent No. 2. The manufacturer of the vehicle is M/s Mahindra & Mahindra Ltd., which is a company registered under the Companies Act, 1956 having its office at Mumbai, India. The financial assistance was availed by the petitioner from the respondent No. 2 based on a hire purchase agreement and with a view to secure the loan, the petitioner had allegedly issued a cheque bearing No. 086029 dated 24-01-2018 for an amount of Rs. 3,51,005.00 in favour of the complainant. But when the petitioner had defaulted in paying the installment dues, the cheque was deposited with the Union Bank of India which was dishonoured. When notice demanding payment of the amount issued to the petitioner did not meet with any favourable response, the complaint case was instituted by the respondent No. 2.