SHER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) CRM No.40245 of 2011

(2.) Sher Singh, petitioner filed this revision petition against order dated 20.02.2010 (Annexure P-2) passed by Addl. Sessions Judge, Fast Track Court, Faridabad, whereby respondent Nos.2 to 5 have been acquitted of the charges framed against them for the offences under Sections 409 and 506 IPC read with Section 120-B IPC after reversing the order dated 19.02.2009 passed by learned Judicial Magistrate 1st Class, Faridabad, vide which they were summoned to face trial on the complaint filed by Sher Singh, petitioner.

(3.) Brief facts of the case are that Sher Singh, petitioner filed a complaint against the respondents before learned Judicial magistrate 1st Class, Faidabad under Sections 406, 409, 420, 120-B and 506 IPC. It was stated in the complaint that the complainant had purchased one TATA vehicle bearing registration No.HR-38H-8535 for business purpose. The said vehicle was financed by Magma Leasing Limited, New Delhi in the year 2002. At that time, accused, who are the officials of said Magma Leasing Limited obtained his signatures on some blank papers including six cheques. The complainant was making repayment of the installments regularly. Later on, the matter was settled between the parties in the year 2006. The complainant made one time payment of the balance outstanding amount of Rs. 3,56,363/-to accused No.4 ( Godhan, Cashier of the Magma Leasing Limited) and 'No Objection Certificate' was issued in the name of the complainant regarding said vehicle. The complainant deposited all requisite documents to the Registering Authority, Faridabad for cancellation of hypothecation. The Registering Authority after due verification, cancelled the hypothecation.