Ajmani Leasing and Finance Limited and Ors. vs State of U.P.& Ors.

A. N. Gupta, J.—Petitioner No. 1 is a leasing and financing company having its registered office at Lakhimpur Kheri, of which petitioner Nos. 2 and 3 are officers the petitioners Company entered into a hire purchase agreement with O. P. No. 4. On 511993, the petitioner No. 1 advanced a sum of Rs, 18,000 for purchasing a second hand truck which the O.P. No. 4 purchased. It appears that O.P. No. 4 paid some installments and according to the petitioners he did not pay full amount. Accordingly, after giving notice, the petitioner No. 1 seized the truck on 21121995 under the terms of the hirepurchase agreement, thereafter O.P. No. 4 lodged an F. I. R. against the petitioners on 31121995 under Section 406, IPC thereafter, O. P. No. 4 filed a criminal complaint in the court of Magistrate upon which the Magistrate summoned the petitioners by means of impugned order dated 2931996 against which this petition under Section 482, Cr. P. C. has been preferred.

After hearing both the parties and going through the record, I find that this is purely a case of civil nature which arises out of a hirepurchase agreement. The dispute between the parties is that according to the petitioners still some amount is due from O. P. No. 4 whereas according to O. P. No. 4 he has over paid the amount. Thus the dispute is one which can only be adjudicated by a Civil Court. No criminal action was called for in the matter.

Accordingly, petition under Section 482, Cr. P. C. is allowed Impugned orders dated 2931996 and 541996 and criminal, proceeding initiated by O.P. No. 4 against the petitioners by virtue of complaint case No. 738 of 1996 under Section 406/420/120B, IPC P. S. Dargah Sharif District Bahraich pending in the Court of C. J. M., Bahraich are hereby quashed.