ASHISH DAHIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Sec. 482 of Code of Criminal Procedure [Cr.P.C.] is for quashing of FIR No. 157 dated 25.04.2014 (Annexure P/1) registered under Sections 406, 420 and 506 Penal Code at Police Station City Sonepat, District Sonepat.

(2.) Quashing of FIR, Annexure P/1 has been sought on the ground that continuation of proceedings on the basis of present FIR is mis-use of the process of the Court because the petitioner, who had taken delivery of vehicle (Tata Sumo Grand Car) from Swan Motors Pvt. Limited on the basis of loan having been advanced by Tata Motor Finance Limited. The petitioner was informed that 70% of the value of the car as loan was to be financed and he was asked to deposit a sum of Rs.2,00,000.00 as advance/initial amount and the petitioner deposited the said amount on 12.08.2009 with Swan Motors Pvt. Limited vide receipt Annexure P/2. But, subsequently on 2.9.2009, he was informed that Tata Motor Finance Limited approved finance of loan upto 65% only instead of 70%. Accordingly, the petitioner deposited a sum of Rs. 80,675.00 and the detail of amount is as follows :-

(3.) The vehicle was delivered as properly financed Vehicle, hypothecated with Tata Motor Finance Limited. The petitioner was also asked to hand-over blank cheque as security. At the time of delivery of vehicle, the petitioner's signatures were obtained on some form and blank papers for completing the formalities. Thereafter, a criminal complaint was filed for issuance of cheque having been dis-honoured.