K SOUNDARRAJAN @ RAJAN KUMAR Vs. KULWANT SINGH

JUDGEMENT

(1.) Prayer in this petition is for quashing of criminal complaint No.107-I of 12.04.2008 titled as Kulwant Singh Vs. Rajan Kumar and Others (Annexure P-17) and the summoning order dated 12.06.2014 (Annexure P-23), vide which the petitioner was summoned to face the trial under Section 382 of the Indian Penal Code (for short 'IPC') read with Section 34 IPC.

(2.) It may be worth noticing here that the present petition was filed in the year 2015 and personal appearance of the petitioner was exempted vide order dated 05.11.2015 and thereafter, on 09.08.2017, the trial Court was directed to adjourn the case beyond the date fixed by this Court. The respondent has taken number of dates for filing written statement, however, till date, no reply has been filed. None appeared on the last date of hearing and even today, there is no representation on behalf of the respondent.

(3.) Brief facts of the case are that the petitioner, at the relevant time, was posted as Branch Head of IndusInd Bank Limited (hereinafter referred as 'Bank'), at Bathinda. The petitioner resigned from the Bank in the year 2013 and thereafter, he rejoined the Bank w.e.f. 05.05.2014. The respondentcomplainant (hereinafter referred as 'complainant') namely Kulwant Singh availed loan of Rs. 5.00 lacs, being the 100% invoice value of Ashoka Leyland Stag ALPSV (Mini Bus) vide agreement No.JH001063H dated 14.11.2003, from Ashoka Leyland Finance Limited (now undertaken by the Bank). The loan amount was to be repaid in 34 monthly installments, starting from 14.12.2003 to 14.09.2006. The aforesaid vehicle (mini bus) was registered vide registration No.PB-05J-954 Since the complainant failed to repay monthly installments, the Bank issued a notice for clearing the amount on 10.06.2005 and thereafter, the Bank issued notice of repossession, after giving due intimation to Senior Superintendent of Police, Ferozepur as well as SHO, Police Station Sadar Ferozepur (Annexures P-5 & P-6). The Bank, after repossessing the vehicle on 12.10.2006, again issued notices to the complainant to make payment of the defaulted amount (Annexures P-10 & P-11), however, the complainant failed to do so and rather he filed the complaint before the Illaqa Magistrate, Ferozepur under Section 156 (3) Cr.P.C. and on the direction issued by the ld. Chief Judicial Magistrate, Ferozepur, an FIR No.319 dated 17.11.2006 under Sections 382, 506, 323, 34 IPC was registered at Police Station Sadar Ferozepur against the petitioner and three other persons namely Bohar Singh, Ranjit Singh and Dimpy.