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2013 Supreme(Raj) 352

NISHA GUPTA
HDFC Bank Ltd. – Appellant
Versus
State of Raj. – Respondent


Advocates Appeared
Pankaj Gupta, for Petitioner;
Laxman Meena, Public Prosecutor;
J.P. Gupta, for Respondent(s)

JUDGMENT

Hon'ble GUPTA, J.—All these petitions have been filed by HDFC Bank Ltd. on same facts and for quashing different FIRs, hence are decided by a common order.

2. The contention of the present petitioner in the petitions is that petitioner is a Company incorporated under the Companies Act and offering financial services to its customers. In the present cases, different amounts have been advanced to the respondents, but respondents has not paid the money and defaults are ranging from installments 6 to 21. The present petitioner has right to resume the possession of the vehicles in view of the term of the hire purchase agreement and after due intimation to the concerned police stations, vehicles have been repossessed as the respondents have neither produced vehicles for inspection nor paid the monthly installment. In the backdrop of these facts, impugned FIRs have been lodged against the present petitioner for the offence under Section 420, 406, 467, 468 and 471 IPC and even under Section 379 and 392 IPC on the ground that they have dishonestly taken the possession of the vehicles whereas respondents are the defaulters and repossession has been rightly taken by the present petitio















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