SUNIL KUMAR Vs. AADESHWAR FINANCE

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dt. 28.3.2014 passed by the Additional Chief Judicial Magistrate (C.B.I. Cases), Jodhpur Metro (hereinafter referred to as 'the trial court') whereby an application filed by the petitioner under Sec. 91 Cr.P.C. with the prayer for summoning original hire purchase agreement and registration certificate of vehicle No. RJ-07-P3780 has been rejected. The main ground taken by the petitioner in the application was that he never executed any hire purchase agreement in relation to vehicle No. RJ-07-P3780 and the respondent-finance company has falsely alleged that the petitioner has obtained loan for purchasing the said vehicle and failed to repay the said loan. It is also alleged that earlier, the petitioner obtained loan from the finance company for purchasing vehicle No. RJ-07-P3111, however, the said loan was paid by the petitioner, but the finance company by using the cheques given by the petitioner in lieu of loan taken by him for purchasing the vehicle No. RJ-07-P3111 has falsely implicated the petitioner in the complaint under Sec. 138 of Negotiable Instrument Act.

(2.) In reply to the application under Sec. 91 Cr.P.C., the finance company has stated that a photo copy of the hire purchase agreement executed by the petitioner with the respondent-finance company is available on record and so far as the allegation of the petitioner of using the earlier cheques given by him in lieu of loan advanced to him for purchasing the vehicle No. RJ-07-P3111, the respondent has filed F.I.R. No. 222/2012 at Police Station Kotgate, Bikaner alleging cheating and preparation of forged documents against the finance company and in that F.I.R., after thorough investigation, the police has filed negative final report which has also been accepted by the concerned Court.

(3.) Learned trial Court, after taking into consideration these facts, has observed that the photo copy of hire purchase agreement pertaining to vehicle No. RJ-07-P3780 is available on record and so far as the complaint of the petitioner regarding the vehicle No. RJ-07-P3111 is concerned, the police has already filed negative final report, which has been accepted by the concerned Court. The Court has also observed that the documents sought to be summoned by the petitioner are not relevant and necessary for the purpose of trial of the case. After observing this, the trial Court has rejected the application filed by the petitioner. After going through the order impugned and taking into consideration the facts noted above, this Court is of the opinion that the Court below has not committed any illegality. Hence, this criminal misc. petition is devoid of any force. The same is hereby dismissed. The stay petition is also dismissed.