O R D E R

The petitioner is the accused in C.C.No.9 of 2013 of the Judicial First Class Magistrate’s Court-II, Thiruvananthapuram, which has arisen from Crime No.591 of 2009 of the Fort Police Station, Thiruvananthapuram, for the offences under Sections 379 , 392 and 420 IPC read with Section 34 .

2. The petitioner is the Manager of M/s.Shriram Transport Finance Company Ltd., Statue, Thiruvananthapuram. The defacto complainant obtained financial nursing from the said non-banking finance institution for the purchase of a Tata goods vehicle bearing Registration No.KL-01-AK-5260.

3. The allegation against the petitioner is that on one day in the month of October, 2008, he forcefully obstructed the vehicle at the Power House Road, Thiruvananthapuram and took away the vehicle from the defacto complainant, thereby committing robbery.

4. It is a fact that there was financial transaction between the parties. The defacto complainant has availed financial nursing for the purchase of the vehicle in the form of a hire purchase transaction. In such a case, the defacto complainant can be treated as the hirer and the hire purchase company can be treated as the owner.

5. In Anup Sarmah v. Bhola Nath