BRAJESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure for quashing the second part of the order dated 13-2-1996 passed by Sri D.K. Mishra, Judicial Magistrate, Daltonganj in G.R. Case No. 1424/94 whereby and where under it was ordered by the learned Judicial Magistrate on perusal of the record that there are sufficient material for framing of the charges under section 406 of the Indian Penal Code and charges were accordingly framed as against the petitioner.

(2.) The fact, in short, for the purpose of this application is that one Iqbal Hussain on behalf of J.K. Auto Financier, Ranchi, lodged an FIR on 15-11-1994 before the Daltonganj police alleging therein that the petitioner after obtaining loan and finance from the financier complainant purchased a tractor bearing No. BR-14P-0277 in June 1992, but he defaulted in payment of the installment and so he transferred the tractor to the Financier Co. but on some pretext or the other, he took the tractor from the possession of Financier so this case was initiated. The police after investigation submitted charge-sheet and vide impugned order charges were framed against the petitioner by the trial court.

(3.) It was contended on behalf of the petitioner that actually the petitioner has paid the entire installments and on false pretext the Financier obtained, some signature on blank paper and on that basis some documents were manufactured and this false case was instituted. It may be said that it is the petitioners defence to be agitated before the trial court at the appropriate stage and it is for the trial court to decide if at all the petitioner is defaulter or not and on the basis of some plain paper in which there was prior signature of the petitioner, some documents were manufactured by the Financier, but apparently from the F.I.R. a criminal case is made out.