Charanjit Singh Chadha vs Sudhir Mehra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(SC) 1200

Charanjit Singh Chadha – Appellant
Versus
Sudhir Mehra – Respondent

JUDGMENT

K.G. Balakrishnan, J.-Leave granted.

2. The appellants are running a non-banking financial institution, by name, Messrs Deluxe Leasing Private Limited. The respondent, Sudhir Mehra, partner of a partnership firm, entered into a hire purchase agreement with the appellants on 3.5.1994 whereunder a motor vehicle was handed over to the respondent. The total consideration agreed to be paid by the respondent was Rs. 3,02,884/- and the respondent made an initial payment of Rs. 69,308/- and the balance amount was to be paid in 36 monthly instalments of Rs.8,400/- each starting from 3.6.1994. According to respondent, he had been paying the instalments regularly. The respondent filed a criminal complaint before the Judicial Magistrate, Amritsar on 3.12.1998 alleging that the motor vehicle in question had developed some trouble and it was entrusted to a motor mechanic on 14.9.1996 for carrying out repairs and that in the night of 16.9.1996 the appellants forcibly took away the vehicle from the motor mechanic and thus committed offences u/s 406/420/120-B IPC. Pursuant to the complaint, the Magistrate took cognizance of the offences and issued summons to the appellants. Appellants filed