Allegations of extortion, criminal intimidation, and causing hurt were sufficient to constitute offenses under Sections 384 and 385 of the Indian Penal Code.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceedings including the F.I.R. arising out of Chas Muffassil P.S. Case No.133 of 2021 registered for the offences punishable under Sections 406, 420, 323, 384, 506, 34 of the Indian Penal Code as well as the orders dated 13.07.2021 and 16.07.2021 passed by learned Judicial Magistrate-1st Class, Bokaro for institution of the F.I.R. and investigation under Section 156 (3) of Cr.P.C.

3. The brief facts of the case is that the complainant/informant purchased five tipper trailers in the name of his company namely Project Equipment and Construction Company which were financed by TATA Capital Financial Services Limited in the month of October, 2020 and he had been paying the installment regularly and even deposited the money during the lockdown imposed consequent upon the COVID-19 pandemic. It is the specific case of the complainant/informant that on 02.03.2021 between 1:00-2:00 p.m. while four of the five tipper trailers were returning from Bokaro to Giridih, the petitioners boarded in different vehicles, forcibly stopped the four trailers, abused and beat the drivers of the trailers and took away all the four vehicles by threatening to harm the informant if the police was informed. The complainant after approaching the accused persons got assurance that they would return the vehicles if the complainant paid one installment of the vehicles but even after the payment of Rs.4,88,500/- because of inducement and cheating by the persons, the accused persons have not returned the vehicles and thus defrauded the complainant. The further allegation is that the accused persons demanded Rs.3,00,000/- as extortion amount for release of the vehicles. Initially, the complaint which was filed on 08.07.2021 was not supported by the affidavit but subsequently an affidavit in support of the complaint was filed on 14.07.2021. The learned Magistrate on 13.07.2021 after hearing the matter through video conferencing passed order for sending the copy of the complaint to the Officer In-charge of Chas (M) Police Station, Bokaro for institution, investigation and to report under Section 156(3) of the Cr.P.C. Subsequently, on 16.07.2021, a petition along with the copy of the complaint was filed on behalf of the complainant and again the learned Judicial Magistrate-1st Class, Bokaro ordered that the complaint- petition be sent to the Officer In-charge of Chas (M) Police Station, Bokaro for institution, investigation and to report under Section 156 (3) of the Cr.P.C.

4. It is submitted by the learned senior counsel for the petitioners that the informant defaulted in payment of the E.M.I. on proper time and a substantial amount of Rs.19,51,951/- became due against the five loan accounts. The complainant refused to pay it despite repeated reminders. The employer of the petitioners issued a notice for inspection of the vehicle as well as demand to make payment of dues on 20.10.2020. The company got the vehicles repossessed through its authorized repossession agents following the entire guidelines laid down by the Reserve Bank of India on 02.03.2021 and also sent notice for recalling the loan. As a goodwill gesture, the employer of the petitioners gave one last opportunity to the complainant to pay Rs.1,62,16,049/- within seven days from the notice to the company but the informant after receipt of the notice did not make the payment and has filed the complaint making several false allegations.

5. Learned senior counsel for the petitioners relies upon the judgment of the Hon’ble Supreme Court of India in the case of Isaac Isanga Musumba & Others vs. State of Maharashtra & Others reported in (2014) 15 SCC 357 paragraph-3 of which reads as under:-

“3. We have read the FIR which has been annexed to the writ petition as Annexure P-7 and we find therefrom that the complainants have