GURPRIT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present petition is instituted against the order dated 31.11.2012 rendered by the learned Judicial Magistrate, 1st Class, Court No. 2, Sundernagar, Mandi in case P.C. No. 202 -I/08.

(2.) KEY facts necessary for adjudication of the petition are that respondent No. 4 raised loan of Rs. 3,60,000/ - from ICICI Bank, Sundernagar, District Mandi in the year 2004. A margin money of Rs. 70,000/ - was deposited by him with the bank. Hire -purchase agreement was entered into between the parties vide Annexure P -9. Since respondent No. 4 did not pay installments regularly, the vehicle in question, i.e. Mahindra Pick -up Jeep No. HP -31B -0264 was taken into possession. Respondent No. 4 filed complaint against the petitioner and respondents No. 2 and 3, on the basis of which FIR No. 66/2007, dated 12.2.2007 was registered. Thereafter, charges were framed against the petitioner by the learned Judicial Magistrate, 1st Class, Court No. 2, Sundernagar, Mandi, on 31.11.2012 under Sections 392 read with Section 34 of the Indian Penal Code.

(3.) RELEVANT portion of vehicle loan -cum -hypothecation agreement, Annexure P -9 reads as under: -