ANISH BIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order passed by the Sub-divisional Judicial Magistrate, Patna dated 24.3.2006 by which cognizance has been taken under Sections 379, 422, 420, 419, 414, 424 and 120B of the Indian Penal Code. Subsequently to that the Court has also ordered for summons to be issued to the accused-petitioner Anis Bir. An F.I.R. was instituted on the basis of a power of attorney issued by Mr. Barry Honcock who is the representative of M/s Lombard North Central PLC, U.K. against Anis Bir the petitioner, Vinod Chopra and Mr. Ravi Taiwan

(2.) The facts disclose that Anis Bir purchased a Bently Turbo Car which was financed by M/s Lombard North Central PLC, U.K. in United Kingdom under higher purchase agreement. The petitioner took a loan of 50,000/- which was to be paid in 36 equal installments of 1277.77/-; A sum of 10,000/- was paid by way of advance at the stage of taking loan. However, the outstanding amount is yet to be paid by Anis Bir. Anis Bir shifted from Uniked Kingdom to India. It is alleged that there is a violation of the Sales and Goods Act and Baggage Rules of India. Ultimately it is alleged "that the car was sold to accused no. 3 with the conspiracy of accused no. 2 by the accused no. 1 (Anis Bir) at Patna and the car which was at Delhi was delivered to accused no. 3 by doing the negotiation at Patna and getting the car sold at a very cheap price". It is also alleged that Ravi Talwar is also a conspirator in the whole deal.

(3.) Investigation was conducted at the behest of M/s Lombard North Central PLC, U.K. by M/s B.R. International Limited who found that the car was parked at Sindhiya House, Connaught Place, New Delhi. An F.I.R. was instituted in United Kingdom with the Midlands Police, Birmingham, U.K. as well, on 13.3.1998.