ARBIND KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shailesh Kumar Singh, the learned counsel appearing for the petitioner, Mr. Rajesh Kumar the learned counsel appearing on behalf of the respondent State and Mr. Lukesh Kumar, the learned counsel appearing for the O.P.No.2.

(2.) This petition is filed for quashing of the entire criminal proceeding including the order dtd. 1/2/2019 whereby the discharge petition of the petitioner has been rejected in connection with C.P.Case No.98 of 2011. A prayer is also made for quashing of the order dtd. 3/8/2019 passed in Criminal Revision No.63 of 2019 whereby the learned court's order has been affirmed by the learned revisional court.

(3.) The complaint case was filed alleging therein that the petitioner is a transporter and got contract in Pakur District for transporting coal from Amla Para Colliery to Pakur railway siding and was using his vehicles for aforesaid work and some of which he had purchased and some had financed. The petitioner gave the work of transporting of coal in his aforesaid contract to the complainant and also gave his 3 vehicles on 22/6/2006 with condition that he would have to pay rest 35 monthly installments of these vehicles to the finance company and also promised that after full and final payment of installments, he would get the vehicle registered in the name of the complainant. The petitioner took total Rs.1,00,000.00 as advance for each vehicle to the petitioner and thereby took total Rs.3,00,000.00 from the complainant and handed over the vehicles in question to the complainant who started doing his work. The complainant plied the vehicles for 31 months and petitioner used to pay him after deducting the installments of vehicles and on the month of January 2010 the petitioner suddenly asked to deposit rest 4 installments and when complainant expressed his inability to deposit the same he took the possessions of the vehicles.