P.K. Lohra, J. - (1.) Accused-Petitioner has laid this criminal misc. petition under Section 482 Cr.P.C. to assail impugned order dated 04.06.2013 passed by District and Sessions Judge, Jodhpur, District Jodhpur (for short, 'learned revisional Court'), whereby the learned revisional Court has partly allowed his revision petition under Section 397 Cr.P.C. and set aside order dated 11.09.2012 passed by Chief Judicial Magistrate, Jodhpur District (for short, 'learned trial Court') framing charge against him for offence punishable under Sections 420 & 406 IPC. The learned revisional Court, upon examining correctness, legality or propriety of the order of learned trial Court, has found that offence under Section 420 is not made out against the accused petitioner but maintained the order of trial Court to the extent charge under Section 406 IPC is framed.
(2.) Succinctly stated, the facts of the case are that respondent-complainant filed a complaint against petitioner before learned trial Court, inter-alia, alleging therein that it is a finance company which disburses loans for purchase of vehicles to the aspiring incumbents and accordingly, a loan to the tune of Rs. 5,00,000/- was sanctioned and disbursed to the petitioner for purchase of Tata Suma Victa vehicle. As a consequence of disbursement of loan, a hire-purchase agreement was also entered between the parties on 18.07.2004. As per agreement, the petitioner was under an obligation to pay monthly installment of Rs.16,600/-but after paying few installments, petitioner did not make any endeavour to pay rest of the installments, therefore, he became defaulter. It is further averred in the complaint that though loan amount was outstanding against the petitioner but in defiance of the terms of agreement, he has transferred the vehicle to some other incumbent.
(3.) Learned trial Court sent the complaint for investigation to Police Station, Shastri Nagar, Jodhpur and pursuant to CR No.49/2006, requisite investigation was carried out and charge-sheet is filed against the petitioner for offence under Section 420 & 406 IPC. The learned trial Court, upon examining the materials available on record, framed charge against the petitioner for the aforesaid offences.;