JUDGMENT :

Heard Mr. Rishav Kumar, learned counsel for the petitioner, Mr. Tapas Roy, learned counsel for the State and Mr. Purnendu Sharan, learned counsel for the O.P. No.2.

2. The present petition has been filed for quashing of entire criminal proceeding in connection with P.C.R. Case No. 233 of 2009, corresponding to T.R. No. 67 of 2013 including order taking cognizance dated 11.09.2009 whereby cognizance has been taken under section 417 of the I.P.C., pending in the Court of learned Judicial Magistrate, Ist Class, Godda.

3. The complaint has been filed alleging therein that the complainant has purchased one Mahindra Bolero on 14.06.2006 bearing its Registration No. JH-17B-0494 finance from Magma Scharchi Finance Limited and the delivery of the said vehicle was made to him from Dhanbad against which he has paid the first installment of Rs. 1,26,000/- and thereafter the remaining installment of Rs. 12,600/- were paid by the complainant according to the terms and conditions of the hire purchase agreement.

It was further alleged that the complainant has already paid Rs. 4 lacs to the opposite parties in terms of the agreement whereas the price of the Bolero was Rs. 4,85,000/-. The com