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SCR.A/1120/2011 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1120 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE MD SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
VIREN
MEHTA - BRANCH MANAGER - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DEVANG J JOSHI for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) : 1,
MR
JITENDRA H SINGH for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/07/2011
ORAL
JUDGMENT
The
present application under Articles 14, 21 and 226 of the
Constitution of India read with Sec.482 of the Code of Criminal
Procedure has been filed for quashing of complaint being Criminal
Case No.13 of 2011 filed before the Court of learned Judicial
Magistrate (First Class), Gandhidham, Kachchh, for the offences
punishable under Secs.406, 420, 504, 506(2) and 114 of IP Code and
the proceedings thereunder qua the present petitioner.
Facts
in short are that the petitioner is working as a Branch Manager from
where loan was taken by the complainant for purchasing Tata Indica
Car from Tata Motor Finance Ltd. As the complainant did not pay the
instalments, legal notices were sent to the complainant through
advocate by Tata Motor Finance Ltd. Without clearing the loan
liability, the complainant sold the said vehicle to accused No.1 by
executing an agreement on 16-3-2010 without prior permission of the
Finance Company and forging the No Objection Certificate of Tata
Motor Finance and got removed hypothecation from RC book from RTO,
Bhuj. However, a complaint was filed by the complainant implicating
the Branch Manager, who was responsible for recovery of loan amount
as an accused No.2. Hence, present application for quashing the
complaint qua the petitioner.
Heard
learned advocate, Mr.Devang J.Joshi for the petitioner,
Mr.L.R.Pujari, learned APP for the respondent No.1 and learned
advocate, Mr.Jitendra H.Singh for the respondent No.2.
This
Court has gone gone through the complaint in question and the
ingredients therein. For the purpose of quashing of the complaint,
what is required to be seen is whether complaint discloses the prima
facie ingredients of offence or not and if it does not disclose the
ingredients of the offence, complaint can be quashed.
It
appears that the applicant is a Branch Manager of Tata Motor Finance
Ltd. who is responsible for recovery of loan instalments from the
complainant, who has taken loan from Tata Motor Finance Ltd. and who
sold the vehicle to accused No.1 without paying the instalments and
forging the No Objection Certificate of Tata Motor Finance for
removal of hypothecation from RC Book. It appears that the
petitioner was seeking to recover the amount of instalments of loan
taken by the complainant, hence, as a counter blast, present
complaint has been filed. No ingredients of offence alleged against
the present petitioner is disclosed from the averments made in the
complaint. Hence, the complaint is required to be quashed qua the
applicant.
In
view of the above, complaint being Criminal Case No.13 of 2011 filed
before the Court of learned Judicial Magistrate (First Class),
Gandhidham, Kachchh, is quashed and set aside qua the present
petitioner. Rule is made absolute.
(M.D.SHAH,J.)
radhan
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