MUKESH RANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing order dated 05.10.1999 passed by Judicial Magistrate, Ist Class, Jamsedpur in C/1 Case no. 814 of 1999, whereby he took cognizance against the petitioners under section 387 of the I.P.C.

(2.) IT is submitted by Sri Ananda Sen, learned counsel for the petitioners that from perusal of complaint petition and other materials, no offence under section 387 of the I.P.C. is made out. He submits that admittedly, complainant took truck in question from petitioners on the basis of hire -purchase agreement. It is submitted that petitioners have right to take possession of the truck on non -payment of loan amount. Accordingly, he submits that impugned order may be quashed.

(3.) HAVING heard the submissions, I have gone through the records of the case.