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2005 Supreme(Del) 63

S.RAVINDRA BHAT
RAJEEV RAIJAYADA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Akshay Bipin, Jatan Singh

S. Ravindra Bhat, J.

( 1 ) IN this petition under Article 226 of the- Constitution, appropriate writ for quashing of a First Information Report alleging commission of offences under Sections 392, 452 and 506 read with Section 34 of the Indian Penal Code have been sought.

( 2 ) THE petitioner is an Area Officer with M/s. Ashok Leyland Finance Ltd. (hereafter called "the Company" ). He avers that one Sh. Ram Gopal Verma (hereafter called "borrower") approached the company for the financing of a two-wheeler (Hero Honda Splendour) motorcycle. The proposal was accepted; consequently a Hire-purchase Agreement was entered into. The vehicle was purchased and the monthly instalment payable under the arrangement was Rs. 1831/ -. The petitioner avers that the entire amount financed by the company was repayable in 24 equated monthly instalments, for which the borrower issued post-dated cheques.

( 3 ) IT has been further averred that the borrower did not make timely payments leading to an outstanding amount of Rs. 6517/- (Rs. six thousand five hundred seventeen only ). Under the circumstances, in terms of the hire- purchase agreement, the petitioner, on behalf of the company, along with certain


















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