RAVI TODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. This is an application for quashing the order dated 24.5.2007 passed in Complaint Case No. 1998 /2000 by Sri S.P.Mishra, Judicial Magistrate, 1st Class, Patna whereby discharge petition of petitioners has been rejected. Petitioners have been alleged for their entering complainant's Bus forcibly along with others, causing assault to driver, Khalasi and conductor. Petitioner no.1 is specifically alleged that he took away Rs. 3,000/- from conductor's pocket and petitioner no.2 a Titan Watch and Rs. 1,000/- from the complainant.

(2.) Submission of the learned counsel for petitioners is that petitioner no.1 is financer of the complainant and petitioner no.2 is an agent. Loan was financed by petitioners' finance company that was to be realized. Finance company approached the arbitrator under the arbitration agreement which was decided vide annexure-3 and same was filed in court for making the same rule of court which also was allowed on 13.11.1997 vide annexure-4. Vehicle purchased from the finance of petitioners' finance company was re-possessed vide annexure-5. Same was informed to concerned Police Station vide annexure-6, receiver was also appointed vide annexure-4 but without disclosing all these facts, a case is lodged disclosing only finance by petitioners' company and showing its full payment against the reality, only to cast pressure unbelievable story has been set up otherwise it is beyond imagination that the director of such a reputed finance company would come for committing such crime. In my view also it appears a malicious proceeding not liable to sustain for continuing any more. In the discussed facts and circumstances of the case, the application is allowed and the impugned order dated 24.5.2007 passed in Complaint Case No. 1998 /2000 is hereby quashed.