VELLANYAN SUBBIAH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 Cr.PC for quashing of FIR No.683 dtd. 18/11/2021 under Ss. 34, 392 IPC and Sec. 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station City Hisar, District Hisar and all the consequential proceedings arising out of the same.

(2.) Learned senior counsel for the petitioner inter alia contends that the petitioner is the Chairman of M/s Cholamandalam Investment and Finance Co. Ltd. (hereinafter referred to as Company), which provides loans for purchase of vehicles on hypothecation basis. The complainant M/s G.D.Goenka Global School, Hisar (hereinafter referred to as School) entered into an agreement with the Company on 28/2/2017 for purchase of vehicle Traveller-26 registration No.HR-39D-3164 and availed the loan facility of an amount of Rs.14,36,000.00, which was repayable with interest in 47 installments. Since the School defaulted in the payment of installments and the cheques issued by it were dishonoured, the Company filed a petition under Sec. 9 of the Arbitration and Conciliation Act before the Court of Addl. District Judge, Hisar. The Court appointed a receiver to take peaceful possession of the vehicle in question. The borrower paid the defaulted amount and assured that henceforth regular payment of loan would be made to the Company. Hence, Company released the vehicle in question and also withdrew the complaint filed under Sec. 138 of the Negotiable Instruments Act. However, yet again the School defaulted by not making payment of the due installments, as a result of which, a letter was written on 19/8/2019 (Annexure P-2) to the School by the Company for taking possession of the vehicle in question after taking recourse to appropriate proceedings.

(3.) In response to the said letter, the School requested the Company for reassessing/transferring the loan amount in favour of M/s Kalpana Chawla Educational Trust, which would take over the loan liability of the School by way of transfer of loan amount. Resultantly, the loan account was transferred and reassigned to M/s Kalpana Chawla Educational Trust, Hisar. However, after repeated reminders, the authorized person of M/s Kalpana Chawla Educational Trust, Hisar issued the cheques qua the loan account, which on presentation were dishonoured. Resultantly, complaint under Sec. 138 of the Negotiable Instruments Act was filed and which was still pending before the Court at Hisar. On 13/2/2021, Arbitrator passed award (Annexure P-4) in favour of the Company and permitted the Company to take possession of the vehicle in question and also sell the same. The Company after duly intimating the police took possession of the vehicle from the School through M/s Bharat Repo Agency with whom the Company had an agreement.