BALRAM BARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ashish Kr. Thakur, learned counsel for the petitioner, Mr. Shailesh Kr. Sinha, learned counsel for the State and Mr. Ashwini Kumar, learned counsel for the O.P. No. 2.

(2.) This petition has been filed for quashing the entire criminal proceeding including order taking cognizance dtd. 4/10/2010 passed in connection with Case No. C/1-Case No. 2012 of 2010, pending in the Court of learned Judicial Magistrate, Jamshedpur.

(3.) The complaint petition has been filed alleging therein that the complainant purchased L& T (P.C. 300) Poclan Machine on finance by L& T Finance and the complainant was paying the installment but failed to pay the installment for 7 months due to which there was re-schedulement between the parties and the complainant was to pay Rs.14,50,000.00 in two installments and first installment of Rs.9,50,000.00 was to be paid on or before 15/5/2010 while second installment of Rs.5,00,000.00 was to be paid on or before 30/6/2010. It was further alleged that the said poclan was delivered two months late and while it was returning from Chakia Motihari to Jamshedpur by Trailer No. NL 01D 2941 and as soon as it came to Koderma Ghati, some miscreants chased the trailer and on the point of pistol they snatched the said trailer at Rajauli and for that one case has been filed against the miscreants before the court of learned C.J.M., Koderma. The snatching has done as per the direction of Managing Director by hiring gundas and the accused persons have violated the terms and conditions prior to payment of second instalment. It was further alleged that the complainant has paid Rs.32,46,000.00 out of Rs.67,74,000.00.