In Re: Romit Ray And Another vs State Of Gujarat)
2021 Latest Caselaw 5317 Cal

01.10.2021

SKB C.R.R. 2031 of 2021 (Via Video Conference)

Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

In re: Romit Ray and another ... petitioners.

Mr. Sourav Guhathakurta, Ms. Rituparna Ghosh, Mr. Sourav Sardar ... for the petitioners.

The plain reading of the complaint dated July 23,

2021, filed by the opposite party no.2 suggests that

disputes between the parties are arising out of a hire

purchase agreement in respect of a vehicle. The principal

allegation is that the petitioner did not pay the installments

towards repayment of loan.

Mr. Sourav Guhathakurta, learned advocate appearing

for the petitioner submits that a financer cannot recover

the outstanding dues by filing a criminal case. In support

of his contention he relies on a judgment reported in

(2019)9 SCC 148 (Satishchandra Ratan Lal Shah vs.

State of Gujarat).

In that view of the matter, there shall be a stay of all

further proceeding of AC G.R. Case No. 2793 of 2021 under

Sections 406/467/468/471/506/120B of the Indian Penal

Code, 1860, till four weeks after the ensuing Puja vacation.

The petitioner is directed to serve a copy of this

application upon the opposite parties within two weeks

from date, intimating that this matter will be taken up for

hearing two weeks after the Puja vacation under the

heading 'Contested Application'. The petitioner shall file an

affidavit-of-service to that effect on the next date of hearing.

List this matter under the heading "Contested

Application" two weeks after Puja vacation.

(Kausik Chanda, J.)