SRAWAN KUMAR HIMATSINGKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present application has been filed for quashing the order dated 11.8.1997 passed by the learned Chief Judicial Magistrate, at Jamshedpur, in G.R. Case No. 162 of 1997, arising out of Complaint Case No. 504 of 1996, by which the learned Chief Judicial Magistrate took cognizance in the case against the accused petitioners under Section 418 of the Indian Penal Code.

(3.) The admitted position is that the complainant Leela Devi entered into a hire-purchase agreement with Ideal Financing Corporation Limited in respect of a truck bearing registration No. BR-16C-1295 and the complainant agreed to pay 23 equal monthly instalments @ Rs. 14,380/- except the first instalment, which was of Rs. 14,557/-. The complainant claimed that the entire dues under the hire-purchase agreement was paid by her and, therefore, the husband of the complainant went to the office of accused No. 3 and requested him to issue no objection certificate so that the vehicle may be registered in the name of the complainant, which was avoided by the accused No. 3, the Branch Manager of Ideal Financing Corporation Ltd. Company and the complainant received a letter dated 18.7.1996 by which a further sum of Rs. 40,410/- was demanded from the complainant latest by 10.8.1996.