SHAM LAL SOOD Vs. JAGDEV SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, for quashing of First Information Report No. 104, registered at Police Station, Sangrur on August 25, 1992. The First Information Report was lodged on the statement of Jagdev Singh son of Teja Singh, resident of Patiala Gate, Sangrur, which reads as under :

(2.) BRIEFLY stated, the facts as mentioned in the petition are that respondent-Jagdev Singh proprietor of Mahavir Transport Co. (Regd.), Sangrur got a new vehicle financed from Motor and General Finance Ltd. on hire purchase basis. The said vehicle was given Registration No. PAB 9719. It was of Model 1988, bearing Chasis No. 344050284398, Engine No. 692D23292307. Respondent Jagdev Singh purchased the above-mentioned vehicle on hire purchase and took a loan of Rs. 3,62,000/- from the Finance Company. The loan was returnable by 35 monthly instalments from November 6, 1988 at the rate of Rs. 10,400/- per month. According to the agreement which is attached as Annexure P1 with the petition, the guarantor was also made liable for the recovery of the loan amount if the hirer failed to pay any instalment and the same could be recovered from the guarantor.

(3.) IT is then stated in the petition that it seemed that Paramjit Singh Guarantor of the loan in question, when received notice of the Company, contacted the hirer Jagdev Singh telling him to pay the instalments or to return the vehicle to the Company. The hirer having shown his inability to pay the amount to the Finance Company, handed over his bus to the guarantor on August 23, 1992. When the guarantor was bringing the bus to be handed over to the Finance Company who was the actual owner, the police at Malerkotla intercepted the bus and detained the guarantor Paramjit Singh, who remained in police custody up to September 1, 1991. Representation made by Paramjit Singh to the D.I.G. Police, Patiala Range, Patiala has also been annexed with the petition as Annexure P2.