MAGMA SHARACHI FINANCE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Shiv Shankar Kumar, learned counsel for the State and Mr. Mukesh Kumar Mehta, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceeding in connection with P.C.R. Case No.45 of 2011, including the order taking cognizance dtd. 13/3/2014, pending in the court of the learned Chief Judicial Magistrate, Pakur.

(3.) The complaint case has been filed alleging therein that the complainant has obtained a truck from Magma Sharachi Finance Limited, Malda at Branch Chhoti Aliganj, Pakur in the year 2008 on a consideration amount of Rs.12,44,156.00 bearing Registration No.JH-16A 2882, Engine No.80G62696550, Chassis No.426031GRZ125575. It has been alleged that at the time of truck, the complainant had paid a sum of Rs.2, 47, 432.00 on down payment in which there was an advance of two installment @ 40,500/- and also amount of advance for insurance for three years. It has been further alleged that, thereafter, the complainant began to pay monthly installment regularly up to November, 2010. Subsequently, some dispute has been cropped up regarding dues due to which the complainant demanded statements of accounts, the Accused nos.1 and 2 began to play hide and sick game with the complainant, as a result of which the complainant stopped payment of monthly installments due to which on 27/12/2010 at Ranchi-Gumla Road, near Tower Chowk, Piska More, Jora Mandir under Sukhdeonagar Police Station, Ranchi. The accused nos.1 and 2 along with their muscle men stopped the truck of the complainant at Ranchi- Gumla Road at Ranchi. It has been further alleged that the Manager of Malda and Siliguri branch reveled his identity card and the accused persons brandished arms and compelled the driver and his companion i.e. son of the complainant, namely, Sanjay Singh to get down from the truck and they fled away by taking the truck along with all relevant original papers, cash and goods. It has been further alleged that at the time of taking the said truck the accused persons asked the complainant's son- Sanjay Singh to approach other officials of Magma Sharachi Finance Limited. It has been further alleged that the complainant has deposited all loan amount of the company and only three installments i.e. Rs.1,21,500.00 is remain due as because out of total dues, Rs.12,72,417.00 has already been paid to the accused no.1. It has been further alleged that there is difference between the amount and for which the complainant requested many times to verify the accounts and give entire statements of accounts but the accused persons always refused to give the same with a mala fide intention. By giving the statements of accounts the accused persons have adopted illegal way to realize money which is quite illegal and against the land. It has been further alleged that on 23/1/2011 the accused persons along with their staff of Pakur Branch came to the house of the complainant and tried to settle the dispute. The son of the complainant, namely, Sanjay Singh requested the accused persons to return the vehicle immediately as because he is facing loss of Rs.60,000.00 per month on which the accused persons became agitated and began exchanged hot words. The son of the complainant, namely, Sanjay Singh protested on which all the accused persons assaulted the complainant's son and on the noise the accused no.1 took a sum of Rs.50,000.00 which was kept by the complainant on Chowki for deposit of installment. When the complainant raised Hulla, the witnesses reached to the place of occurrence and saw the occurrence.