MITTAR KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present application bearing No. CRM-A 131 MA of 2012 has been filed for grant of leave to file appeal against the judgment dated 05.10.2011 passed by learned Judicial Magistrate Ist Class, Faridabad, whereby in a complaint case, the respondentsaccused were acquitted. Along with the present application,Criminal Miscellaneous No. 9290 of 2012 has also been filed for condonation of delay of 30 days in filing the main application.

(2.) Brief facts of the case are that the applicant-Mittar Kumar was a transporter. He purchased vehicle bearing registration No. HR- 38F-8609 on hire purchase basis, financed by M/s. Shri Ram Investments Ltd. The applicant-complainant issued cheques against the scheme of instalments to the finance company. The respondents-accused allegedly induced the applicant-complainant to sell the vehicle in favour of Gian Chander-respondent No.2.

(3.) R.K.Sachdeva was the creditor of the applicant-complainant while V.P.Kheterpal-respondent No.3 was running the business of delivery of the vehicle. The applicant sold the vehicle to Gian Chanderrespondent No.2 with the condition that he would regularly pay the instalments to the above said finance company from which the vehicle in question was purchased under the hypothecation agreement. Gian Chander-respondent No.2 had admitted that he would pay 27 instalments of Rs. 800/-each per month to the finance company and, thereafter, the vehicle was transferred in favour of Gian Chander-respondent No. 2 on instructions and directions of R.K.Sachdeva. The said transaction was arranged by V.P.Kheterpalrespondent No.3. The accused persons had deliberately not paid the instalments to the finance company and thereby cheated the complainant, therefore, the complainant filed the complaint against R.K.Sachdeva, Gian Chander and V.P.Kheterpal for the commission of offence punishable under Section 420, IPC.