The High Court
Case Details
1 Cr.M.P. No. 929 of 2015 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 929 of 2015 1. Nirjhar Sahay 2. D. Ravi @ Ravi Kumar 3. Amar @ Amar Prakash -Versus- 1. 2. The State of Jharkhand Sheik Akram ----- … Petitioners … Opposite Parties
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners ----- : Mr. Rahul Dev, Advocate Ms. Arpita Sinha, Advocate For the State For O.P. No.2 : Rajesh Kumar, A.P.P. : Mr. Baibhaw Gahlot, Advocate ----- 10/04.10.2023 Heard Mr. Rahul Dev, learned counsel for the petitioners, Mr. Rajesh Kumar, learned counsel for the State and Mr. Baibhaw Gahlot, learned counsel for opposite party no.2. 2. This petition has been filed for quashing the entire criminal proceedings in connection with Sector-IV P.S. Case No.61 of 2014 dated 03.04.2014, corresponding to G.R. Case No.492 of 2014, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro. 3. I.A. No.8348 of 2022 has been filed for amendment in the prayer portion of the petition. 4. Learned counsel for the petitioners submits that during the pendency of this petition, the learned Court has been pleased to take cognizance against the petitioners under Sections 341/323/379/406/420/34 of the Indian Penal Code vide order dated 28.08.2019. 5.
Decision
In view of the above fact and considering that during the pendency of this petition, cognizance has been taken against the petitioners and also considering that earlier stay was granted in favour of the petitioners by this Court and to avoid multiplicity of the litigation, the prayer made in the said 2 Cr.M.P. No. 929 of 2015 I.A. is allowed. 6. 7. Accordingly, I.A. No. 8348 of 2022 is disposed of. Thus, now the order taking cognizance dated 28.08.2019 is also under challenge in this petition. 8. The informant had initially filed a complaint case, which was referred by the learned court to the police for investigation and registration of FIR under Section 156(3) Cr.P.C. Thus, the FIR being Sector-IV P.S. Case No.61 of 2014 was registered. It was alleged that the informant is owner of Hywa vehicle bearing Registration No. JH-09T-8781, LPK-2518 Model. The vehicle was financed by M/s. Chola Mandalam Finance and Investment Pvt. Limited and the informant was required to pay a monthly installments of Rs.51,500/-. He was paying the installments regularly. The last two payments have been made by the informant on 15.11.2013 and 30.11.2013 of Rs.40,000/- each. The complainant/informant on believing that Rs.3,51,000/- was paid to the accused Nos. 1 and 2 at the office of M/s. Chola Mandalam Finance and Investment Pvt. Limited on 10.10.2013 which was due installment and it was assured that money receipt/statement of accounts will be given to the informant. On 02.01.2014 at about 05:00 p.m., the vehicle was proceeding to Bokaro from Ghato Colliery for loading coals, the same was engaged by a transporter M/s. Tycoon, Kujur, the accused Nos. 1, 2 and 4 along with three musclemen stopped the vehicle at a lonely place and at the point of deadly weapon, had made the driver to get down and tied his hands and legs and confined him for three days and taken away the vehicle. The driver was released on 04.01.2014 with threatening of dire consequences. The informant during that time was at Ajmer-Shariff and on 3 Cr.M.P. No. 929 of 2015 return on 05.01.2014, he was informed about the occurrence. On 06.01.2014, the informant went to the office of M/s. Chola Mandalam Finance and Investment Pvt. Limited where the accused Nos. 1 and 2 along with 3-4 musclemen manhandled the informant and obtained his signature forcefully on blank papers and the sale letter of the vehicle. The informant on fear of death put his signatures on all those papers and reported the matter to the police and when no action was taken, the complaint case was filed in the Court, which was referred for registration of the FIR. 9. Learned counsel for the petitioners submits that petitioner nos. 1, 2 and 3 are Branch Manager, Branch Receivable Manager and Area Receivable Manager of M/s. Chola Mandalam Finance and Investment Pvt. Limited respectively. He submits that sum of Rs.18 Lakhs was financed by the said Company for purchase of Hywa in favour of opposite party no.2. He further submits that the installment was not being paid and, therefore, the vehicle was repossessed in view of the Hire Purchase Agreement. He submits that in this background, the case has been lodged alleging that illegally the vehicle in question has been repossessed. He also submits that the matter is already settled in the Lok Adalat held at Dhanbad Civil Court, Dhanbad and Award has also been passed on 26.11.2016 in which undertaking was given by opposite party no.2 for withdrawal of all the cases filed against the petitioners. He submits that the said Award is annexed at page 12 of the supplementary affidavit filed by the petitioners. On these grounds, he submits that unnecessarily, the case is dragging against the petitioners. He further submits that in view of arbitration clause, arbitration proceeding has also been initiated against opposite party no.2 and the Award is passed in favour of the said company for payment of Rs.5,92,400/-. 4 Cr.M.P. No. 929 of 2015 10. On the other hand, learned counsel for opposite party no.2 submits that in view of the undertaking, the terms and conditions are required to be reduced in writing. 11. Learned counsel for the State submits that it appears that before the Lok Adalat, the matter has been settled. 12. In view of the above submissions of the learned counsel for the parties, it appears that the vehicle in question was financed by the company of these petitioners and when opposite party no.2 failed to pay EMI, the same was repossessed. In view of the arbitration clause as mentioned in the Hire Purchase Agreement, arbitration has also taken place and Award has been passed in favour of the company and it was held that the borrower is liable to pay amount of Rs.5,92,400/- to the claimants. 13. Further in the proceeding before the Lok Adalat, the matter has been settled between the parties and the petitioners have forgone the amount of Award and they have settled by Rs.70,000/- only, which was paid by opposite party no.2 and he has given undertaking to withdraw all the cases. 14. In view of the above, it appears that to allow to continue the proceeding, will amount to abuse of process of law. 15. Accordingly, the entire criminal proceedings in connection with Sector-IV P.S. Case No.61 of 2014 dated 03.04.2014, corresponding to G.R. Case No.492 of 2014 including the order taking cognizance dated 28.08.2019, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro are quashed. 16. This petition is, therefore, allowed and disposed of. Ajay/ (Sanjay Kumar Dwivedi, J.)