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2017 Supreme(Pat) 1491

ASHWANI KUMAR SINGH
Shailendra Mohan Jha – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jitendra Singh, Sanket, Prince Kumar Mishra
For the State : Kumar Virendra Narayan
For the Informant : Harish Kumar, Raj Kumar Jha

JUDGMENT :

Ashwani Kumar Singh, J.

This application invoking inherent jurisdiction of this Court as enshrined under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C.') has been filed seeking quashing of the first information report (hereinafter referred to as `FIR') vide Kotwali P.S. Case No. 351 of 2016 dated 25.07.2016 instituted at the instance of the informant/opposite party no. 2 (hereinafter referred to as `the borrower') under Sections 420 and 406/34 of the Indian Penal Code.

2. The FIR is based on a typed report submitted by the borrower to the Station House Officer, Kotwali Police Station, Patna wherein it is stated that the borrower is the registered owner of the truck bearing Registration No. BR-44-G/0442. He purchased the said truck under hire-purchase agreement. He was supposed to pay the value thereof amounting to Rs. 26,41,510/- in 44 monthly instalments. He paid 42 instalments till January, 2016 amounting to Rs. 25,05,804. It is further stated that on 10.03.2016, M/s. Shankar Maurya Motors has seized his truck whereafter on 29.03.2016, he met the Branch Manager and Managing Director of M/s. Shankar Maurya Motors with a sum of Rs. 1,35,7











































































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