KANWAL AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner before this Court is Kanwal Aggarwal who is Director of M/s. Bansal Credits Pvt. Ltd., New Delhi. The petitioner has approached this Court through the present petition filed under Section 482 Cr.P.C. for quashing of FIR No. 361 dated December 10, 1995, registered with Police Station Gohana, under Sections 392/34 IPC. Additionally, a prayer has been made for quashing of resultant proceedings including the final report submitted under Section 173 Cr.P.C. and under Sections 392/34/120-B IPC.

(2.) THE company M/s. Bansal Credits Pvt. Ltd is engaged in the business of financing vehicles on hire-purchase basis. In the course of aforesaid business, the hire-purchase agreement dated January 18, 1995 was entered between the company and one Harbans with regard to one Tata 407 vehicle bearing registration No. HR 10-A-1090. One Ashok Kumar and another Rameshwar Singh stood as guarantors for the due performance of the conditions of the agreement. Harbans had agreed to pay the total hire-purchase amount of Rs. 1,00,250/-, besides interest and other charges as per agreement in 18 equated monthly instalments. A hire-purchase agreement was entered between the parties and as per the various stipulations contained therein, the company (owner) had a right to re-possess the vehicle on account of breach of terms and conditions of the hire-purchase agreement.

(3.) AN FIR No. 360 dated December 10, 1995 was lodged by one Azad Singh, respondent No. 2 to the effect that he had purchased the vehicle in question from Nahar Singh and Mahender Singh and given an advance of Rs. 10,000/- and that the remaining amount of Rs. 1,90,000/- was to be paid later on and the vehicle was to be transferred in his name. It was maintained by Azad Singh that on December 10, 1995, he had loaded the aforesaid vehicle with 40 bags of khandsari when three-four persons stopped the vehicle in the way and took forcible possession of the vehicle along with khandsari. No person was named in the FIR. 4. An FIR No. 360 dated December 10, 1995 was lodged by one Azad Singh, respondent No. 2 to the effect that he had purchased the vehicle in question from Nahar Singh and Mahender Singh and given an advance of Rs. 10,000/- and that the remaining amount of Rs. 1,90,000/- was to be paid later on and the vehicle was to be transferred in his name. It was maintained by Azad Singh that on December 10, 1995, he had loaded the aforesaid vehicle with 40 bags of khandsari when three-four persons stopped the vehicle in the way and took forcible possession of the vehicle along with khandsari. No person was named in the FIR.