MITHILA MINORITY DENTAL COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for quashing the entire proceeding including order taking cognizance dated 7.3.2003 passed by Judicial Magistrate, Ist Class, Patna in Complaint Case No. 1475/2002 filed by Opposite Party No. 2, namely, M/S Ashok Leyland Finance Ltd., in which cognizance has been taken under Sections 406 and 420 of the I.P.C. and order was passed for issuance of summons against the petitioner.

(2.) THE case of the complainant is that the complainant/Opposite Party No. 2 is the Company under the Companies Act and is being represented through its Branch Incharge who is competent to file and contest the complaint case on behalf of the Company Petitioner No. 1, who is accused No. 1 in the present case approached the complainant (O.P. 2002) for financing one Ashok Leyland Super passenger Carrier vehicle. The complainant was assured by the accused persons, including petitioners No. 2 and 3 that the complainant 'smoney along with upto date interest shall be returned to the complainant always within the stipulated period. The accused persons, who are petitioners in this criminal miscellaneous case, further assured that the complainant may inspect the financed vehicle any time if so desired and that in case there was any default in payment, the complainant may repossess the financed vehicle and take appropriate steps to recover the dues. Believing the assurances of the accused persons, the complainant/opposite party No. 2 agreed to finance one Ashok Leyland Truck to petitioner No. 1.

(3.) THE complainant/Opposite Party No. 2 requested the petitioners many times for payment of money but the petitioners did not do so. The complainant/ Opposite Party No. 2 searched for the vehicle financed to the petitioners but the same is traceless. The complainant/opposite Party No. 2 sent legal notices to the petitioners demanding payment of money but the petitioners did not pay any money to the Opposite Party No. 2.