SOURAV SIKDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE complainant purchased a 'Tata Sumo Car' on Hire Purchase Basis. Petitioner no. 4 is the Director of Maurya Motors Limited whereas petitioner Sourav Sikdar was the Senior Executive in Tata Finance Limited and is now supposedly a Genral Manager, Collection in Sarachi Seurities Limited, posted at Kolkata. Because of non-payment of the E.M.I. amount, the car was seized on 9.11.2001 and subsequently released on payment of 1.3 lacs on 15.1.2000. THEreafter the complainant filed a case alleging that the petitioners had tried to snatch the Tata Motor Vehicle from him once on 13.9.2002 and subsequently on 27.1.2003 when the complainant was travelling on the Patna-Gaya Highway. It is further alleged that on 12.2.2003, the petitioners entered into the house of the complainant, assaulted him and Sourav Sikdar is said to have taken away Rs. 2,000/- from him.

(2.) LEARNED counsel for the 3 petitioners submits that it admitted in the complaint petition that the complainant had entered into a Hire Purchase Agreement with M/s. Tata Finance and had signed on all the relevant documents. After seizure of the Tata Sumo Car and its release, it is submitted that the complainant has not paid a single farthing. The main submission is that the allegation that the Senior Executive and Director tried to waylay the petitioners on the Ganga Bridge or for that matter on Patna-Gaya road is unbelievable and this Court ought to reject the story of the complainant at the very out set.