- (1.) A. N. Gupta, J. Petitioner No. 1 is a leasing and financing company having its registered office at Lakhimpur Kheri, of which petitioner Nos. 2 and 3 are officers the petitioners Company entered into a hire purchase agreement with O. P. No. 4. On 5-1-1993, the petitioner No. 1 advanced a sum of Rs, 18,000 for purchasing a second hand truck which the O. P. No. 4 purchased. It appears that O. P. No. 4 paid some installments and according to the petitioners he did not pay full amount. Accordingly, after giving notice, the petitioner No. 1 seized the truck on 21-12-1995 under the terms of the hire-purchase agreement, thereafter O. P. No. 4 lodged an F. I. R. against the petitioners on 31-12-1995 under Section 406, IPC thereafter, O. P. No. 4 filed a criminal complaint in the court of Magistrate upon which the Magistrate summoned the petitioners by means of impugned order dated 29-3-1996 against which this petition under Sec tion 482, Cr. P. C. has been preferred.
(2.) AFTER hearing both the parties and going through the record, I find that this is purely a case of civil nature which arises out of a hire-purchase agreement. The dispute between the parties is that according to the petitioners still some amount is due from O. P. No. 4 whereas according to O. P. No. 4 he has over paid the amount. Thus the dispute is one which can only be adjudicated by a Civil Court. No criminal action was called for in the matter. Accordingly, petition under Section 482, Cr. P. C. is allowed Impugned orders dated 29-3-1996 and 5- 4-1996 and criminal, proceeding initiated by O. P. No. 4 against the petitioners by virtue of complaint case No. 738 of 1996 under Section 406/420/120-B, IPC P. S. Dargah Sharif District Bahraich pending in the Court of C. J. M. , Bahraich are hereby quashed. Petition allowed. .;