LAWS(JHAR)-2022-9-50

PRAMOD KUMAR SARAN Vs. STATE OF JHARKHAND

Decided On September 07, 2022
Pramod Kumar Saran Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 4/8/2015 whereby learned court has taken cognizance in connection with C.P.Case No.183 of 2011 and the prayer is also made to further quash the entire criminal proceeding in connection with said case, pending in the court of learned Judicial Magistrate, First Class, Dhanbad.

(2.) He will do so in course of the day.

(3.) It is stated that since Subodh Kumar defaulted in making payment of installments, the vehicle was re-possessed by the Ashok Leyland Finance and the petitioner having paid the entire dues became the registered owner who has subsequently sold it to the complainant. He further submits that the petitioner was not aware of the fact that the vehicle in question was also finance by Zenith Credit Ltd to Subodh Kumar. He further submits that the initially the complaint was dismissed under sec. 203 Cr.P.C but without hearing the petitioner the revisional court has remanded the matter back on 13/7/2015 pursuant to which the order taking cognizance dtd. 4/8/2015 had been passed. He further submits that the entire dispute being civil in nature the entire criminal proceeding deserves to be quashed.