ORAL ORDER

1. This petition under Article 227 of the Constitution of India is filed to quash and set aside order dated 03.08.2019 passed by learned Additional Sessions Judge, Bhuj, District Kutch in Criminal Revision Application No.114 of 2018.

2. Brief facts of the case are as under :-

2.1. That the respondent No.3 purchased a tractor bearing registration No.GJ-12-AN-8472 with the financial assistance of the petitioner bank by executing hypothecation agreement. There was an outstanding amount of Rs.2,77,523/- and therefore, on 21.04.2015, notice was issued, however the amount was not paid and therefore, invoking the Arbitration Clause, the arbitration proceedings were initiated, however the respondent No.3 has not remained present and the award was passed. On 19.08.2016, relying upon the clause in the agreement, more particularly the Clause 17.2, the vehicle was repossessed. The respondent No.3 was informed on 22.08.2016. On 29.10.2016, he was informed about auction. On 22.02.2017, the respondent No.3 filed a complaint before the Ld. Judicial Magistrate First Class, Nalia for the offences punishable under sections 381, 403, 414, 418 and 114 of the Indian Penal Code, 1860 being Inqui