High Court Patna High Court - Orders

M/S Ashok Leyland Finance Ltd. … vs State Of Bihar &Amp; Anr on 27 April, 2011

Patna High Court – Orders
M/S Ashok Leyland Finance Ltd. … vs State Of Bihar &Amp; Anr on 27 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.18175 of 1999
                 MAHABIR PRASAD SHARMA, SON OF LATE MOHAN LAL
                 SHARMA, THE REGIONAL MANAGER M/S ASHOK LEYLAND
                 FINANCE LTD, LAW KUSH TOWER, EXHIBITION ROAD,
                 PATNA...................................................... PETITIONER
                               Versus
                 1. THE STATE OF BIHAR
                 2. PRABHAT BHUSAN, SON OF LATE SHAMBHU NATH SAHAY,
                 ABULAS LANE, MACHHUA TOLI, P.S. KADAM KUAN,
                 DISTRICT- PATNA................................... OPPOSITE PARTIES
                               With
                       Cr.Misc. No.18225 of 1999
                 M/S ASHOK LEYLAND FINANCE LTD, HAVING ITS
                 REGISTERED OFFICE AT SUDARSHAN BUILDING, 86,
                 CHAMIERS ROAD, CHENNAI-18 THROUGH MR. MAHAVIR
                 PRASAD SHARMA, S/O LATE MOHAN LAL SHARMA,
                 REGIONAL MANAGER, ASHOK LEY LAND FINANCE LTD.
                 DULY AUTHORISED TO REPRESENT M/S ASHOK LEYLAND
                 FINANCE LTD.
                 2. P. RAGHUNATHAN, GENERAL MANAGER ACCOUNTS AND
                 SECRETARY, M/S ASHOK LEYLAND FINANCE LIMITED,
                 SUDARSHAN BUILDING, 86, CHAMIERS ROAD, CHENNAI-18
                 3. RATAN KUMAR SINHA, SON OF SRI T.P. SINHA, A.G.M.
                 (EAST), M/S ASHOK LEYLAND FINANCE LTD. 41,
                 SHAKESPEARE SARANI, CALCUTTA-17........ PETITIONERS
                                   Versus
                 1. STATE OF BIHAR
                 2. PRABHAT BHUSAN, SON OF LATE SHAMBHU NATH
                 SAHAY, ABULAS LANE, MACHHUA TOLI, P.S. KADAM KUAN,
                 DISTRICT- PATNA......................................OPP. PARTIES.
                                  -----------

FOR THE PETITIONERS :- MR. ASHWANI KR. SINGH,
SR. ADVOCATE
MR. PANKAJ KR. DAS ADVOCATE
MR. PANKAJ KR. SINGH, ADVOCATE
FOR THE STATE :- MR. MATLOOB RAM, A.P.P.

———-

16 27-4-2011 Heard learned counsel for the petitioners in both the

quashing applications and learned counsel for the State. In

spite of notice nobody has appeared for the complainant.
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Both the quashing applications arise out of a

complaint case bearing no. 509 ( C ) / 1999 pending before a

Judicial Magistrate, Ist. Class, Patna and the challenge is to

the order of cognizance taken on 14-6-1999 as well as the

entire criminal proceeding on the ground of being malicious

and filed only with a view to pressurize the Financial

Company and its officials not to pursue Misc. Case No. 1715

of 2009 filed under section 9 of the Arbitration Act before the

City Civil Court, Calcutta in which an order appointing

receiver to take possession of the Fiat car,the subject matter

of hire purchase was passed by the Civil Court on 5-3-1999

Annexure-F ).

From the averments in the complaint case it has

been shown that only material allegation, with a view to make

out a case under sections 406 and 420 of the I.P.C. is to the

effect that in course of hire purchase agreement, signature of

the complainant was obtained on a document in which the

name of the arbitrator was left blank and allegedly the name

was subsequently inserted in breach of trust and for the

purpose of cheating the complainant.

It appears that the arbitrator named in the document
3

has also been made accused no.6 and cognizance order under

challenge dated 14-6-99 has been quashed by this Court in

respect of that accused by order dated 10th February, 2000

passed in Cr.Misc. Case No. 18145/99. The undisputed order

passed by the City Civil Court, Calcutta on 5th March,1999

supports the defence of the petitioners noted above and there

appears substance in the submission that when the receiver

attempted to take possession of the vehicle under hire

purchase, the complaint case in question was filed on 22nd

April1999.

There also appears substance in the submission that

it is easy to allege that a document signed by the complainant

contained a blank and it has been filled up with the name of

the arbitrator a co-accused with a view to commit some

offence but it is very difficult to prove that the complainant

signed the document with closed eyes without noticing the

blank. There appears substance in the submission that merely

the name of the Advocate/ Arbitrator allegedly filled up

against blank cannot be sufficient indication that there was

any breach of trust or cheating against the complainant.

The fact that the complainant had appeared earlier
4

in this case at the stage of admission but later no vakalatnama

was filed and his non-appearance even after service of notice

being effected in February, 2011, shows that he has also lost

interest in the complaint case which appears to have been

filed only to put mala fide pressure upon accused no.1, a

financer, not to take possession of the vehicle through

lawfully appointed receiver.

For all the aforesaid reasons the complaint case in

question as well as the order of cognizance are quashed and

both the quashing applications are allowed.

Naresh                             ( Shiva Kirti Singh, J.)