The complaint must establish fraudulent or dishonest intention for an offense under Section 420 of the IPC, and territorial jurisdiction is crucial.

JUDGMENT :

Heard Mr. Ashish Kr. Thakur, learned counsel for the petitioner, Mr. Shailesh Kr. Sinha, learned counsel for the State and Mr. Ashwini Kumar, learned counsel for the O.P. No. 2.

2. This petition has been filed for quashing the entire criminal proceeding including order taking cognizance dated 04.10.2010 passed in connection with Case No. C/1-Case No. 2012 of 2010, pending in the Court of learned Judicial Magistrate, Jamshedpur.

3. The complaint petition has been filed alleging therein that the complainant purchased L& T (P.C. 300) Poclan Machine on finance by L& T Finance and the complainant was paying the installment but failed to pay the installment for 7 months due to which there was re-schedulement between the parties and the complainant was to pay Rs. 14,50,000/- in two installments and first installment of Rs. 9,50,000/- was to be paid on or before 15.05.2010 while second installment of Rs. 5,00,000/- was to be paid on or before 30.06.2010. It was further alleged that the said poclan was delivered two months late and while it was returning from Chakia Motihari to Jamshedpur by Trailer No. NL 01D 2941 and as soon as it came to Koderma Ghati, some miscreants chased the trailer and on the point of pistol they snatched the said trailer at Rajauli and for that one case has been filed against the miscreants before the court of learned C.J.M., Koderma. The snatching has done as per the direction of Managing Director by hiring gundas and the accused persons have violated the terms and conditions prior to payment of second instalment. It was further alleged that the complainant has paid Rs. 32,46,000/- out of Rs. 67,74,000/-.

4. Mr. Ashish Kr. Thakur, learned counsel for the petitioner submits that the learned court has taken cognizance under section 420 of the I.P.C. on the alleged allegation made in complaint. He further submits that the complainant opted for having his finance from L & T Finance and accordingly hypothecation agreement was entered into and the said fact is duly admitted. He further submits that as per the Loan-cum-Hypothecation Agreement the complainant was to pay a sum of Rs. 89,98,000/- in 35 equal monthly installments of Rs. 2,47,000/- each commencing from 11.10.2008 and ending on 11.08.2011 and the complainant failed to pay the same. He further submits that on 23.06.2010 an amount of Rs. 21,87,414/- excluding overdue charges, cheque bounce charges and future unpaid loan installment was due and having left with no option and after exhausting all means to collect the outstanding dues, the company exercised the power under Clause 13 of the Agreement and repossessed the vehicle on 24.06.2010 in accordance with law. He submits that in the entire complaint the allegation is made that some miscreants took the vehicle on the point of pistol for that case was registered before the learned Chief Judicial Magistrate at Koderma. He further submits that based on that complaint, the case was filed in Jamshedpur which is lacking territorial jurisdiction.

5. On the multiple F.I.R. for the same occurrence, learned counsel for the petitioner relied in the case of “Tarak Dash Mukherjee and Ors. V. State of Uttar Pradesh and Ors.” (Criminal Appeal No. 1400 of 2022), arising out of SLP (Criminal ) No. 503 of 2020 wherein para 12 the Hon’ble Supreme Court has held as under:

“12. If multiple First Information Reports by the same person against the same accused are permitted to be registered in respect of the same set of facts and allegations, it will result in the accused getting entangled in multiple criminal proceedings for the same alleged offence. Therefore, the registration of such multiple FIRs is nothing but abuse of the process of law. Moreover, the act of the registration of such successive FIRs on the same set of facts and allegations at the instance of the same informant will not stand the scrutiny of Articles 21 and 22 of the Constitution of India. The settled legal position on this behalf has been completely ign