D.G.R. Patnaik, J. - (1.) PETITIONERS have prayed for quashing the entire criminal proceeding pending against them in the court of the Chief Judicial Magistrate, Godda vide P.C.R. Case No. 691 of 2003 and also the order dated 24.02.2004 passed in the case by the learned court below, whereby cognizance for the offences under Section 392 of the I.P.C. was taken against the petitioners.
(2.) THE main ground advanced in support of the prayer is that the case against the petitioners has been filed by the complainant entirely on false and frivolous allegations and by suppressing material facts that the vehicle, in question, was purchased under a Hire Purchase Scheme financed by M/s. Ashok Leyland Finance Ltd., Dhanbad on the terms and conditions stipulated in the Hire Purchase Agreement dated 31.05.2002 and re -possession of the vehicle by the financer on account of failure of the complainant to pay the monthly installments towards repayment of the loan amount, could at best be a civil dispute and cannot under any circumstance invite any criminal liability against the petitioners and therefore, the continuance of the criminal proceeding against the petitioners would amount to abuse of the process of the Court. Heard the learned Counsel for the petitioners and the learned Counsel for the Opposite Parties.
(3.) FOR better appreciation of the grounds, reference to the facts, leading to the present application, may be had. The case was registered against the petitioners on the basis of the complaint filed by the Opposite Party No. 2, Santosh Kr. Bhagat before the learned court below on 08.12.2003, alleging, therein that he had purchased a Mahindra Passenger Carrier Van from the dealer, namely, M/s. Himatsingka Brothers (accused No. 1) on 13.05.2002. The finance for the purchase of the vehicle was extended by M/s. Ashok Leyland Finance Ltd., Dhanbad under a Hire Purchase Agreement. Under the terms of the Hire Purchase Agreement, the complainant had obtained a total sum of Rs. 2,25,000/ - from the financer and the complainant was required to repay the loan amount together with the interest accrued thereon by way of monthly installments of Rs. 11,500/ - from the date of purchase till 01.05.2004. The complainant claims that he had paid the regular monthly installments till 29.10.2003 but due to financial problems, he could not pay the installments in the subsequent month of November, 2003. The complainant alleges that without any prior notice whatsoever, all the accused persons approached him at Gandhigram in the district of Godda and forcibly snatched away the vehicle alongwith its keys from the complainant, claiming that the nature of service provided by the financer, being arbitrary and illegal, petitioners are liable to face trial for the offence under Section 392 I.P.C. The complainant adds that he is entitled to the return of the vehicle or the refund of the entire amount paid by him alongwith interest accrued thereon besides a cost of litigation of Rs. 5,000/ -.;