1. The point involved for consideration in this case is, as to whether a financier can repossess a vehicle based on an agreement between financier and borrower?

2. Heard Shri S.R. Hegde Hudlamane, learned Advocate for the petitioner and Smt. Neeraja Karanth, learned Advocate for respondent No. 2.

3. Briefly stated the facts of the case are, petitioner borrowed a sum of Rs. 18,00,000/- from M/s Mahindra & Mahindra Financial Service Ltd. to purchase a goods vehicle agreeing to pay monthly installment of Rs. 50,000/- as per the loan agreement.

4. It appears on 14.10.2017, whilst the goods vehicle was moving from Bangalore to Mysore, the first respondent allegedly an agent of financier forcibly took possession of the said vehicle. Petitioner lodged PCR No. 59070/2017 before the 10th Additional Chief Metropolitan Magistrate, Bangalore, stating inter-alia, that the act of first respondent amounted to theft and robbery and accordingly, prayed the learned Magistrate to direct investigation by the jurisdictional police.

5. Learned Magistrate, by his order dated 4.11.2017, referred the matter under Section 156(3) of Cr.P.C. for investigation. Pursuant thereto, FIR No. 661/2017 was registe