- (1.) This application under Section 482 of the Code of Criminal Procedure is pertaining to a proceeding in Baruipur Police Station Case No.223 of 2006 dated 19.9.2006 pending in the Court of the learned Chief Judicial Magistrate, 24-Paraganas, South at Alipore. The petitioner has prayed for quashing of the proceedings initiated against him under Sections 420/406/506 of the I.P.C. mainly on the ground that no case is made out either in the F.I.R. or in course of enquiry against him and, as such, continuance of such a proceeding would be amounting to abuse of process of the Court.
(2.) The opposite party Chandidas Chakraborty purchased a motor vehicle financed by the petitioner. The opposite party has failed to repay the loan amount by paying monthly instalments regularly. As per terms and conditions of the agreement between the opposite party no.2 and the Finance Company, the petitioner took over possession of the vehicle on 29.8.2005. Prior to that, notice was served on him. The opposite party requested the petitioner to return the vehicle but it was turned down. The opposite party moved a writ petition before this Court but failed to obtain any order in his favour.
(3.) Instead of instituting any civil action, he straightway lodged one complaint against the petitioner under Sections 420/406/506 of the I.P.C. The accused/petitioner Citicorp Finance (India) Ltd. has come up with this application praying for quashing of the proceeding on the ground already stated.;