SIDHARTH SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.01.2011 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.991-C of 2010 by which the learned Magistrate after holding enquiry has found prima facie against the petitioner for the offence under Section(s) 406 Indian Penal Code.

(2.) It has been submitted on behalf of the petitioner that the vehicle, in question, was purchased by the complainant on hire-purchase agreement after getting advance/loan from the financer. The complainant was responsible to make payment of the equated monthly installments regularly. The vehicle was seized by the financer since the payment of EMI was not done by the complainant.

(3.) The complainant has alleged in the Complaint Petition that he has purchased TATA Winger vehicle bearing registration no.BR 01PA 6575 after making payment of rupees one lac thirteen thousand and the remaining amount was to be paid in 48 installments of rupees thirteen thousand each. The complainant alleged that original paper was not handed over to the complainant. The complainant made demand of his original paper from the petitioner on 10.04.2010, then he was told to contact the office of the accused situated at Tematand, Hazaribagh. The complainant went to Tematand, Hazaribagh, where his vehicle was seized and he was asked to make payment of rupees fifteen thousand for release of the vehicle. The complainant made payment of rupees fifteen thousand but the vehicle was not released.