ORDER (CAV)

Manash Ranjan Pathak, J.—Heard Mr. Rupjit De, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned Addl. Public Prosecutor for the State, respondent No. 1 and Mr. Kanak Sarma, learned counsel assisted by Mr. Ditul Das, learned counsel for the respondent No.2.

2) The petitioner herein is a non-banking motor of finance company and the complainant/respondent No. 2 approached the petitioner company to finance him to purchase a TATA Ace Magic Vehicle from the dealer of Tata made motor vehicles, namely, M/s. Kiron Transport Private Limited, Guwahati. Accordingly, petitioner company financed an amount of Rs. 2,58,000/- and for such finance, on 10.07.2009 a hire-purchase agreement was executed between the petitioner Company and the borrower respondent No. 2/complainant towards said finance of his TATA Ace Magic vehicle bearing Registration No. AS18C1239, Engine No. 275IDI05FQZS56512 and Chassis No. MAT4451119VF13798 with the stipulated conditions that the said borrower shall repay the loan amount to the petitioner company in 47 equated monthly installments including interest. As the said borrower, after making payment of few installments, defaulting in making su