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2024 Supreme(Online)(MAD) 12308

HIGH COURT OF MADRAS
Hon`ble Mr.Justice M.DHANDAPANI
M/s.Cholamandalam Investment – Appellant
Versus
The Inspector of Police – Respondent


O RDER

This petition has been filed to quash the FIR in Crime No.536 of 2020 on the file of the respondent police.

2.The case of the prosecution is that the petitioner is a Finance Company. The second respondent/defacto complainant obtained loan from the petitioner's Company for purchasing a Bolero Pickup vehicle bearing Reg.No.TN-49-CA-6741. After purchasing the vehicle, he committed default in making the payment of installments. Thereby, the petitioner's Company seized the vehicle after following due process of law. Aggrieved by the same, he made a false complaint before the Law Enforcing Agency against the petitioner and the same was registered in Crime No.536 of 2022 for the offence punishable under Section 379 of IPC. Challenging the same, present petition has been filed.

3.The learned counsel appearing for the petitioner would submit that the petitioner is a Finance Company and the second respondent/defacto complainant obtained a vehicle loan from the petitioner's Company in the year 2020. Subsequently, he could not be able to pay the installments for the past several months. As per the hypothecation agreement, till the clearance of all installments, the petitioner is the owner

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