SANJEEV AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned counsel for the State.

(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding including the order dated 26.09.2002 passed by the learned Judicial Magistrate 1st class, Jamshedpur in C -1 Case No. 105 of 2002 by which cognizance has been taken under Section 406/468 of the I.P.C.

(3.) THE prosecution story in brief is that, the complainant had approached Shrachi Securities Limited for financing a vehicle for which he was directed to deposit a sum of Rs. 1,65,042/ - and Shrachi Securities Limited was to finance the balance amount of Rs. 5,60,000/ - for purchase of a Dumper. The amount was to be repaid in 35 instalments, the first instalment being Rs. 23,400/ - and the remaining 34 instalments were of Rs. 22,100/ - each. It has been alleged in the complaint petition that when the Dumper was handed over to him, certain manufacturing and mechanical defects were found as a result of which, the complainant could not ply the vehicle and he has requested for replacement of the vehicle and also taken the Dumper to the workshop of the accused. He has also alleged that the Dumper was not having an insurance policy and on account of non -availability of the insurance policy, he had to pay a fine and get the vehicle released. It has further been alleged by the complainant that another case being C/1 -440 of 2001 was instituted by him, since the petitioner no. 1 of the present case has obtained an Award from the Arbitrator behind his back.