TATA FINANCE LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These revision applications are directed against the part of order dated 13.2.2002 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2351 of 2001 whereby he has proceeded to take cognizance against these petitioners.

(2.) Heard learned counsel for the parties.

(3.) While complainants truck was on way to load stone chips that was intercepted on behalf of petitioners, re-possessed as the same was sold to the complainant, on hire purchase agreement and instalment of loan was found due. Instalment loan is said of Rs. 16,650.00 allegedly that was being paid regularly and a meagre amount was due only. Further it is said that chassis and engine only was purchased, its body was constructed by the complainant himself and he was sole owner of the vehicle. Re-possession of the truck is allegedly followed by taking away of Rs. 10,000/-.