JUDGMENT

Satish Chandra, J. - This is an application under Section 561A of the Code of Criminal Procedure praying, that the complaint filed by the opposite-party against the petitioners be quashed.

2. The petitioner no. 13 is one of the partners of a partnership firm known as Brijbasi General Motor & Finance Co., Delhi, the petitioners nos. 2, 4 and 5 are employees of the said firm and the petitioner no. 1 is a relation and associate of petitioner no. 3.

3. It appears that the aforesaid Finance Company let out on hire a truck (No. UPL 3456) to the opposite-party Sadho Ram and one Ishwar Das under a hire purchase agreement executed by these two gentlemen on 9-2-1961. A sum of Rs. 1,500/- was paid at the time of the execution of the agreement and balance was agreed to be paid in eighteen monthly instalments so as to make a total of Rs. 25,692.50nP. The instalments were payable by the fifteenth of each month and the last instalment was payable by August, 1962.

4. The petitioner's case is that the opposite party defaulted in the payment of the instalments and up to October 1963 paid only Rs. 16,942.5OnP. when the Finance Company realised that the opposite party will not pay the balance