- (1.) The applicants by means of this application under Section 482 Cr.P.C. have prayed for quashing of the order dated 25.01.2014 passed by Additional Session Judge, Court No.6, Gonda in Criminal Revision No.458/2013, whereby the revision against the summoning order dated 23.03.2012 passed by Chief Judicial Magistrate, Gonda in Criminal Misc. Case No.207/2012 summoning the applicants under Sections 406, 382, 504 IPC, has been dismissed.
(2.) I have heard learned counsel for the parties and have perused the record.
(3.) The applicants are employees of Tata Motors Finance Company, which is a company incorporated under the Companies Act and are dealing in the business of providing loan to commerical as well as private vehicles. The opposite party No.2 had applied for vehicle loan in the year 2008 for purchase of TATA MAGIC - 7 Seater Vehicle, which was accepted and an agreement was entered into between the company and the opposite party No.2. As per the loan agreement, the total amount of loan was Rs.2,10,000/-, which was to be repaid in 36 equated monthly installments. First being the installments of Rs.10,025/- and the remaining installments of Rs.8,950/- each commencing from 11.01.2009 to 11.11.2011. Since the opposite party No.2 committed default in making payment, the company issued a notice on 06.10.2009. Since the opposite party No.2 did not pay the installments within the notice period, the company had no other option except to recover the possession of the vehicle from the opposite party No.2. The officials of the company with prior intimation to Kotwali Faizabad, took away the vehicle and subsequently when the amount was not paid, the same was auctioned. In the meantime, the company also informed the opposite party No.2 and their guarantors to pay the outstanding amount, but the same was not paid. As per the terms of the agreement, the dispute was also referred to the Arbitrator, who after hearing also made an award. Since the opposite party No.2 did not appear before the Arbitrator in spite of notice, therefore, the award was passed ex-parte. Thereafter on 11.01.2011, the opposite party No.2 moved an application under Section 156(3) against the applicants upon which the learned Chief Judicial Magistrate passed an order and directed the police to register the FIR and investigate the matter. The police after investigation submitted charge-sheet and the learned Chief Judicial Magistrate took cognizance and passed the impugned summoning order. When the applicants came to know about the summoning order, they preferred a criminal revision, which was also dismissed.;