BASANTESHWARI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Miscellaneous Petition has been directed by the petitioner against the order dated 2-2-2002 passed by Shri U. N. Mishra, Judicial Magistrate, Ranchi in G.R. Case No. 2978 of 1998 arising out of Kotwali P. S. Case No. 658 of 1998 under Sections 406 and 420 of the Indian Penal Code whereby and whereunder the prayer of the petitioner to discharge him in this case has been partly rejected and he was directed to appear in person for framing of the charge against him only under Sections 420/120-B of the Indian Penal Code.

(2.) A petition of complaint giving rise to Complaint Case No. 660 of 1998 was filed before the Court of Chief Judicial Magistrate, Ranchi by Opposite Party No. 2, Chandrakant Gopalka on 8-12-1998 under Sections 406, 420 and 120-B of the Indian Penal Code regarding the occurrence which is said to have taken place on 18-8-98 and continuing since then and the learned C.J.M. was pleased to direct the O.C., Kotwali P.S. to institute a case, investigate and submit F.F. in the case which gave rise to G.R. Case No. 2978 of 1998 under Sections 406 and 420 of the Indian Penal Code read with Section 120-B of the Indian Penal Code. The police submitted the charge-sheet in this case under Sections 406, 420 and 120-B of the Indian Penal Code against this petitioner along with co-accused Ram Nayak Singh.

(3.) The case of Opposite Party No. 2 as averred in the complaint petition in brief is that on the request of the opposite party No. 2 along with co-accused Ram Nayak Singh, the complainant entered into Hire-Purchase Agreement with co-accused Ram Nayak Singh for hiring a Matador Maxi Taxi bearing registration No. BIN - 9248 and as per the Hire-Purchase Agreement (Annexure-4), the date of the agreement is 10-8-1991 and the Opposite Party No. 2 as per terms of the agreement is the guarantor in respect thereof and according to the terms of the agreement the co-accused aforesaid had to pay Rs. 63,500.00 in 18 instalments and the first instalment was to be paid on 17-9-1991. It is alleged that opposite party No. 2 had handed over the said vehicle to the co-accused in presence of the petitioner under the said Hire-Purchase Agreement with full assurance given by this petitioner for making payment of the instalments regularly. The co-accused aforesaid had paid Rs. 21,900.00 out of Rs. 63,500.00 to the opposite party No. 2 and, thereafter, the co-accused and this petitioner did not pay the remaining amount of Rs. 41,600.00 besides interest and in view of the Hire-Purchase Agreement the petitioner and the co-accused are jointly and severally liable to pay the above amount to opposite party No. 2 and even on demand the said amount was not paid to them. It is also alleged that the co-accused and the petitioner have disposed of the said vehicle dishonestly during the continuance of the Hire-Purchase Agreement causing wrongful loss to opposite party No. 2 and wrongful gain to the petitioner and the co-accused and they have also cheated opposite party No. 2.