JUDGMENT :

Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Shiv Shankar Kumar, learned counsel for the State and Mr. Mukesh Kumar Mehta, learned counsel for opposite party no.2.

2. This petition has been filed for quashing the entire criminal proceeding in connection with P.C.R. Case No.45 of 2011, including the order taking cognizance dated 13.03.2014, pending in the court of the learned Chief Judicial Magistrate, Pakur.

3. The complaint case has been filed alleging therein that the complainant has obtained a truck from Magma Sharachi Finance Limited, Malda at Branch Chhoti Aliganj, Pakur in the year 2008 on a consideration amount of Rs.12,44,156/- bearing Registration No.JH-16A 2882, Engine No.80G62696550, Chassis No.426031GRZ125575. It has been alleged that at the time of truck, the complainant had paid a sum of Rs.2, 47, 432/- on down payment in which there was an advance of two installment @ 40,500/- and also amount of advance for insurance for three years. It has been further alleged that, thereafter, the complainant began to pay monthly installment regularly up to November, 2010. Subsequently, some dispute has been cropped up regarding dues due to which the co