Heard Mr. Debajyoti Talukdar, learned counsel for the petitioners. 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. M/s. Kiron Transport Private Limited, Guwahati deals with selling of vehicles manufactured by Tata Motors and the petitioner No. 1 is its Managing Director, whereas the petitioner No. 2 is its General Manager.

3. The respondent No. 2/complainant purchased a TATA Ace Magic Vehicle from said M/s. Kiron Transport Private Limited, Guwahati on 09.07.2009 for an amount of Rs. 2,58,000/- through Tata Motors Finance Limited. The said motor vehicle is hypothecated with the said Finance Company Limited. For such finance of said vehicle of the respondent No. 2 bearing Registration No. AS18C 1239, Engine No. 275IDI05FQZS56512 and Chassis No. MAT4451119VF13798 an agreement of hire-purchase was executed between the respondent No. 2 and the Tata Motors Finance Limited on 10.07.2009 with the stipulated conditions that the borrower/respondent No. 2 shall repay the loan amount to said motor finance company that financed his said vehicl