(1.) THESE two cases have been heard together as they arise out of the same criminal prosecution against the accused persons including cognizance been taken under section 406/420 I.P C. The opposite party no. 2 Narmadeshwar Mishra tiled a complaint case No. 816/95 (Cr. No. 594/96) before the Chief Judicial Magistrate, Gopalganj which was afterwards transferred to the file of Sri S. K. Jha, Judicial Magistrate. The admitted position remains that on the basis of an agreement the informant purchased on hire purchase system a truck bearing No. BR 28/3334 from B.C.L. Finance Service having its registered office in Calcutta of which the different petitioners happened to be the office bearers. As per the agreement the truck in question was sold for a consideration of
(2.) ,40,000 out of which Rs. 78,000/ - have been paid and it was agreed upon that the balance amount shall be paid in 23 equal instalments henceforth. According to the opposite party no. 2 inform (sic) a sum of Rs. 1,66,477 have been paid and for some differences the rest instalments could not be paid in time then the vehicle in question had been seized by the petitioner causing irreparable loss to the informant and in the last paragraph of the complaint petition it has further been stated that afterwards the whole amount of instal ments have been paid towards full satis - faction of the consideration amount but the said vehicle has not been released. Hence, the prosecution case. 2. After examining the complainant on oath the complainant was asked to produce his witnesses for holding an enquiry under section 202 Cr. PC. and after holding of such enquiry and the statements of some of the witnesses cognizance has been taken under sections 406/420/120 of the Indian Penal Code against all the petitioners.
(3.) CONSIDERING such principle of law as mentioned above the two petitions are hereby allowed and the criminal prosecution arising out of Complaint Case No. 816/95 (Tr. No. 594/96) now pending before Judicial Magistrate 1st Class, Gopalganj is hereby quashed.