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2023 Supreme(Pat) 347

SANDEEP KUMAR
Anjani Kumar Srivastava – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Dayanand Singh, Dhananjay Kashyap.
For the Respondents: Mr. Sheo Shankar Prasad. APP.

Sandeep Kumar, J.—Heard the parties.

2. This application has been filed for quashing the F.I.R. vide Ramkrishna Nagar P.S. Case No. 396 of 2019 registered under Sections 406, 420, 379 and 34 of the Indian Penal Code 1860.

3. As per the F.I.R., the informant had purchased a tractor and had taken loan facility from Tata Capital Financial Services Limited, for which he paid Rs. 16000 monthly installments. It is alleged that on 13.10.2018 the petitioner who is Collection Manager, and other employees of the Tata Capital Financial Services Limited took a key of the tractor from the informant and took away the tractor by saying that upon payment of outstanding installments his tractor will be returned. It is also alleged hat the informant made payment of Rs. 8000 on 10.09.2018 and requested the petitioner to return his tractor but the petitioner did not accept his request. Thereafter, the informant issued a legal notice to the petitioner. In reply of the said legal notice, it has been stated that the tractor of the petitioner has been sold.

4. Despite valid service of notice, no one appears on behalf of opposite party no.5 - informant.

5. The State has not filed any counter affidavit in this

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