NIRANJANLAL TODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order dated 10.6.96 passed by the Judicial Magistrate 1st Class in Complaint Case No. 93 (C)/1996 taking cognizance undec Sections 420, 467, 477A I.P.C.

(2.) The complainant opposite party filed a complaint petition alleging inter alia that he contacted accused No. 5 Sri Kanhaiya Lal Agrawal, a proprietor of the Agrawal Auto Finance, Khagaria for purchasing a tractor on loan whereupon he introduced him to accused No. 6 Bhanu Pratap Singh, an authorised dealer of H.M.T. Tractor and accused Nos. 2 and 4, namely, Pradeep Sharma and Sanjay Kumar Shukla, the then Area Managers of Diwakar Pvt. Ltd. The accused Nos. 5 and 6 took signature of the complainant on a blank stamp paper on the pretext that an agreement was to be entered into between the complainant and the Financial Corporation with regard to the loan for the purpose of tractor. They told that on payment of Rs. 68000/- tractor will be delivered to him and the remaining amount will be paid later on. Accordingly, on 2.10.93 complainant deposited Rs. 68,000/- at the counter of Paras Agricultural Dealer and in acknowledgement thereof a Kachha receipt was given to him. Later on a receipt with revenue stamp was given showing payment of Rs. 62,000/-. Thereafter, the tractor was delivered to the complainant by the accused No. 6 Bhanu Pratap Singh. There was some mechancial defects in the tractor. Inspite of the complaints made by him no steps were taken to remove the defects of the tractor. Thereafter, on 26.11.93 a receipt of purchase of the tractor in the name of the complainant was issued in which the price of the tractor was shown Rs. 1,70,363.41 paise. On 21.12.93 a letter was sent by Diwakar Credit Ltd. to the complainant and according to the said letter the complainant was required to pay 1st to 10th instalments @ Rs. 9100/- per month and 11th to 22nd monthly instalment @ Rs. 7800/-per month and 23rd instalment of Rs. 7040/- The complainant had to pay a sum of Rs. 1,91,640/- which included the insurance money, two years interest @ 22% and the agreement expenses being Rs. 2100/-. The financed money was only Rs. 1,31,000/-. It was further stated that he paid the amounts in terms of the agreement on 13 occasions as detailed in the complaint petition. The detailed amount paid by him comes to Rs. 2,54,440/-. The complainant wanted to know as to whether any amount is due or not and requested Diwakar Finance Credit Ltd. to state as to whether the amount is due or not but no reply in this connection was given. Later on a further demand of Rs. 13,800/-was made on the allegation that the said amount he has to pay as guarantor of Ghanshyam Kr. Nirala. According to the complainant neither he knows Ghanshyam Kr. Nirala nor he ever became his guarantor and as such a further demand of Rs. 13,800/- amounted to cheating and falsification of records and accounts.

(3.) On the basis of the complaint petition the Chief Judicial Magistrate Khagaria took cognizance and transferred the case under Section 192 Code of Criminal Procedure to the learned Magistrate and thereafter an enquiry was also made wherein the complainant examined three witnesses and by the impugned order the process has been issued against the Petitioner and others.