JUDGMENT :

Argumentsheard.

2.This is a petition, under Section 482 of the Code or Criminal Procedure (forshort "the Code"), for quashing of the order dated 9-2-2010 passed byShri M.K. Tripathi, JMFC, Waidhan, District Singrauli, upona complaint made by respondent No. 2. directingissuance of process against the petitioner, in respect of the offencespunishable under Sections 394, 420, 467, 468, 471 and 506-B of the IPC.

3.The petitioner is the Manager of Waidhan Branch ofM/s Shrirum Transport Finance Co. Ltd. with whom therespondent No. 2 had entered in to a hire purchase agreement in respect of a 10-wheeler Hi va (Tipper),subsequently registered as MP-53/H.A. 0141 and financed by M/s Shriram Transport Finance Co. Ltd., Branch at Waidhan. The vehicle met with an accident on 23-8-08 and therefore, some of theinstallments could not be paid.

4.Clause 6 (b) of the agreement was couched to these terms :"6. Shriram's Right on Default :-

Inthe event of the Borrower committing any act of default, as aforesaid, then,notwithstanding anything to the contrary herein contained, Shriramshall be entitled at its absolute discretion, to inter alia:

(b)Repossession of Asset : To take possession of the hypothecated assets from whereso ever it may be and remove the hypothecated asset including all accessories,body work and fittings and for the said purpose, it shall be lawful for Shriram or Shriram authorised representatives, servants officers and agentsforthwith or at any time and without notice to the Borrower(s) to enter uponthe premises, or garage or go down where the hypothecated assets shall be lyingor kept and to take possession or recover or receive the same and if necessaryto break open such pla