TIRTH RAJ HIM&APOSAT-SINGKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application under sec. 482 Cr.P.C. for quashing of the order of cognizance dated 1.3.2006 passed by Shri Sandeep Mishra, Judicial Magistrate, 1st Class, Vaishali in Complaint Case No. CI 2541 of 2005, Trial No. 1132 of 2006 as well as entire criminal proceeding arising out of the said complaint case. The learned Magistrate vide impugned order has taken cognizance under sections 420 and 406 I.P.C. against the petitioners.

(3.) IT is submitted by the learned counsel for the petitioners that the entire case is false and baseless. Prosecution of the petitioners is abuse of process of the court. The allegations contained in the complaint petition do not disclose ingredient of the breach of trust. It is further submitted that the case has been filed with ulterior and oblique motives just to pressurise the petitioners not to insists for payment of the instalments. The real fact is that the hirepurchase agreement contains default clause and is also accompanied by arbitration agreement. As the opposite party no. 2 made default in payment of the instalment, the petitioners invoked arbitration agreement and filed Misc. Case bearing No.121 of 2004 against the opposite party no. '2. A receiver was appointed by the court on 29th January, 2004 vide Annexure -4. The receiver in pursuant to the court 'sorder and direction seized the vehicle in question. Final award in favour of the petitioners has already been prepared, which is Annexure -4. It is further submitted that it is purely a civil dispute and the opposite party no. 2 has wrongly chosen the forum of criminal court just to harass and humiliate the petitioners.