K. SHRINIWASAN Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The instant Misc. petition has been preferred by the petitioner who is a Hub Manager of the Finance Company, namely Ashoka Leyland Finance Company Limited seeking to have the order taking cognizance and the proceedings of the criminal case filed against the petitioner by the respondent No, 2 for the offence under Section 420 Indian Penal Code quashed by this Court in the exercise of inherent power under Section 482 Criminal Procedure Code

(2.) Succinctly stated the facts of the case are that the respondent No. 2 complainant had purchased a vehicle bearing registration No. RJ 09 G 3535 from the Finance Company in the year 2003 under a hire purchase agreement. When the hire purchaser, who is the complainant in the instant misc. petition failed to make the payment of the instalments of the vehicle taken on hire purchase, the Finance company re-possessed the vehicle and thereafter sold the same in terms of the hire purchase agreement in the year 2005. After more than three years of the sale of the vehicle, the respondent No. 2 complainant filed a complaint on 2.2.2009 in the Court of Additional Chief Judicial Magistrate, Nimbaheda against the petitioner who is an officer of the Finance Company and certain other persons. The allegation made in the complaint was that the Finance Company seized the vehicle despite the fact that the complainant purchaser was making the regular payment of the instalments to the Finance Company and thereafter, the vehicle was sold at a throw away price while the actual cost of the vehicle was much higher. It was alleged that the sale of the seized vehicle was made by the officers of the Finance Company to their own relatives at a lower price deliberately for the purpose of causing loss to the complainant and corresponding wrongful gain to the relatives of the accused.

(3.) The said complaint was forwarded to the police for investigation and the police after investigation submitted a Final Report in the matter. On the final report so being submitted, the complainant filed a protest petition and on the protest petition, the learned Magistrate has proceeded to take cognizance against the petitioner and other officers of the company and has directed summoning of the accused for the offence under Section 420 Indian Penal Code by the order impugned. The said order has been challenged by way of the instant misc. petition.