Sudhir Agarwal, J.

Heard Sri T.A. Khan, learned counsel for applicants and learned AGA for State.

2. This application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 17.07.2003 as well as the entire proceedings of Misc. Case No. 127 of 2003 (Ram Autar vs. Manu Garg and Others) under Section 392 IPC, Police Station Khekara, District Baghpat, pending in the Court of Additional Chief Judicial Magistrate, Baghpat.

3. It is admitted from record that Maruti Car bearing Registration No. UP17-9696 was financed by M/s Cholamandalam Investment and Finance Company Limited (hereinafter referred to as "Company"). Under the terms of loan agreement, it is said that in case of any default, Company was entitled to take possession of vehicle in question and that has been done so. Thus, it cannot be said that possession of vehicle in question taken by Company through its agents constitute any criminal offence.

4. In Sardar Trilok Singh and Others v. Satya Deo Tripathi, (1979) AIR SC 850, Court held that financier seized the truck in question on default in payment of installment and buyer therein launched criminal prosecution for offence under Section 395 of IPC. C