- (1.) This revisional application under Section 482 of Criminal Procedure Code, 1973 at the instance of the petitioners who were accused persons in complaint Case No.79C of 2005 is for quashing the said case corresponding to T. R. No. 275 of 2005.
(2.) The said complaint case was brought by the present opposite party/ respondent No.1 against the present petitioners for alleged offence under Sections 379/504 of the Indian Penal Code.
(3.) The facts giving rise to filing of the said complaint case may be epitomized thus: - (i) The opposite party/respondent No.1 approached the Magma Leasing Ltd. having its head office at 24, Park Street, Kolkata through its Branch Office at Kharagpur for providing financial assistance to purchase a vehicle. The said Magma Leasing Ltd. is a Non-Banking Financial Institution which is incorporated under the Companies Act, 1956 and the opposite party No.1 approached the said institution in the month of August 2003 for the said financial assistance. (ii) Subsequently, a hire purchase agreement was executed in between the complainant and the respondent on 14.8.2003 wherein it was agreed that towards re-payment of its dues, the respondent No.2 would pay at the rate of Rs 18.226/- per month for 35 instalments and at the rate of Rs.16,340/- per month for 12 instalments. Subsequently, after the release of the amount, the opposite party No.1 was provided with a vehicle which was registered as WB-29-5087. (iii) The opposite party No 1 was irregular in payment of the instalments and accordingly the present petitioner issued a notice dated 6.1.2005 calling upon the opposite party/respondent No.1 to pay the amount. In spite of receiving the said notice, the opposite party/ respondent No 1 did not pay the amount and as such, the present petitioners took over possession of the vehicle on 24.1.2005. The present petitioners sent telegram to the opposite party No.1 and Police Station regarding the said fact (re-possession).;