- (1.) Petitioner/H.D.F.C. Bank Limited, (herein after called as bank) by way of filing instant petition under Section 482 Cr.P.C. has approached this Court for quashing of First Information Report bearing No.134/2009, dated 13/03/2009, registered at Police Station, Chomu, Jaipur Rural for commission of offence punishable under Section 382 I.P.C.
(2.) Succinctly stated the facts of the instant petition are that the respondent/complainant No. 2 (Rajendra Kumar) had approached the petitioner-bank to purchase two-wheeler vehicle i.e. Hero Honda Splender plus; and believing that the respondent/complainant is financially sound, an agreement was executed and the bank had extended loan on 17.02.2006 amounting to 30,529/-. As per agreement, the respondent/ complainant was bound to pay the instalments, as agreed on the stipulated date and after purchase, the vehicle was hypotheticated in favour of the petitioner-bank, as per Hire Purchase Agreement.
(3.) The case of the petitioner/bank is that the respondent/complainant had neither produced the vehicle for inspection nor paid the monthly instalment and had ignored the repeated reminders to pay the amount outstanding.;