GARJA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) By virtue of the present petition preferred under Section 482, Code of Criminal Procedure read with Art 227 of the Constitution of India, the petitioner has approached this Court for the quashing of FIR No. 137 dated 23.6.1997 of Police Station, Sadar Bilaspur and the consequent proceedings in pursuance thereof in Criminal Case No. 7/1 of 1998 pending before the learned Additional Chief Judicial Magistrate, Bilaspur.

(2.) The facts of the case leading to the present petition, briefly, may be thus stated. One Smt. Sunita Thakur wife of Shankar Singh Thakur of village Sai -Noduan, Pargana Bahadurpur, Tehsil Sadar of District Bilaspur, entered into a hire -purchase agreement with Messrs. Libra Finance Pvt. Ltd. Delhi, hereinafter referred to as the financier, for the purchase of a mini bus No. HP -24 -3402 (Tata make) at New Delhi on 3.4.1995. The financer advance a loan of Rs. 3,35,000/ - to the said Smt Sunita Thakur (here in after referred to as the complainant) for the purchase of the mini - bus. The amount of loan was to be repaid with interest in 29 installments. As per the terms of the hue -purchase agreement the complainant was to pay back a total amount of Rs. 4,77,375/ -in 29 installments.

(3.) The petitioner is the Branch Manager of the financer at Bilaspur. He on the request of Nathu Ram, husbands brother of the complainant and a close friend of the petitioner, stood guarantor for the complainant for the repayment of loan.