- (1.) This revisional application is for quashing of the proceeding being case No. 9 3-C/98 under Section 379/342 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Howrah.
(2.) The opposite party No. 2 filed a petition of complaint before the learned Chief Judicial Magistrate, Howrah alleging commission of an offence under Section 379/392/393/323/34 of the Indian Penal Code. On receipt of the said petition of complaint the learned Magistrate examined the complainant and his witnesses, took cognizance of the offence and issued process under Sections 379/342 of the Indian Penal Code.
(3.) Mr. Milon Mukherjee, learned Advocate appearing for the petitioners submits that on the basis of a Lease Agreement the petitioners' company financed the opposite party No. 2 for purchasing a T. D. V. Truck bearing registration No. W. B. 25-6901. As per the said agreement the opposite party No. 2 was under obligation to pay lease rental due and payable towards the financed amount by way of monthly instalments. Mr. Mukherjee further submits that in the said lease agreement there is also default clause wherein it has been specifically mentioned that the petitioners' company has got the right to take possession of the leasehold items in case of default in making the payments. The opposite party No. 2 became a do aulier and as on 31.1.98 the total amount due was to the tune of about Rs. 2,93,000/-. The petitioners requested the opposite party No. 2 to clear the dues, but he failed to make the payment. Thereafter, the representative of the petitioners' company took possession of the vehicle. A seizure list was prepared, in which the driver of the vehicle and the representative of the petitioners' company put their signatures. The petitioners informed the Bally Police Station through telegram as well as by a letter dated 8th January, 1998 about the fact of taking possession of the vehicle.;