Gauhati High Court
Tikendrajit Konwar vs The State Of Assam And Anr on 2 August, 2024
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GAHC010126192024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./894/2024
TIKENDRAJIT KONWAR
S/O LATE BISWAPATY KONWAR
RESIDENT OF C.D ROAD, WARD NO. 3, AHUCHAWAL GAON, PO NORTH
LAKHIMPUR, DIST LAKHIMPUR, PS NORTH LAKHIMPUR, ASAM 787001
OFFICIAL ADDRESS
AREA BUSINESS MANAGER,
CHOLAMANDALAM INVESTMENTS AND FINANCE COMPANY LIMITED
NORTH LAKHIMPUR BRANCH, NEAR SHANI MANDIR, WARD NO. 6,
NORTH LAKHIMPUR, DIST LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY PP ASSAM
2:SRI BIDYUT BORAH
S/O KAMAL BORAH
RESIDENT OF VILLAGE BASANTIPUR
NEAR BASANTIPUR HARI MANDIR
PATHALIPAM
PO KATORICHAPORI
PS BOGINADI
DIST LAKHIMPUR
ASSAM 78705
Advocate for the Petitioner : MR. R DE
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
02.08.2024
Heard Mr. R. De, learned counsel for the petitione. Also heard Mr. K. K.
Parasar, learned Additional Public Prosecutor for State respondent No.1.
This is an application under Section 482 of the Code of Criminal
Procedure, 1973, praying for stay of the proceeding of the C. R. Case
No.93/2022, registered under Sections 406 & 420 of IPC, pending before the
Court of learned Sub-Divisional Judicial Magistrate (S), Lakhimpur, North
Lakhimpur.
Issue notice to the respondents, returnable within 4(four) weeks.
Since Mr. Parasar, learned Additional Public Prosecutor for State
respondent, has entered appearance and accepted notice on behalf of the
respondent No.1, no formal notice is required to be issued to the said
respondent. However, he shall be furnished with the requisite extra-copy of the
petition during the course of the day.
The learned counsel for the petitioner shall take steps for service of notice
upon the respondent No.2 by registered post with A/D as well as by usual
process.
It is submitted by the learned counsel for the petitioner, Mr. De, that the
petitioner is currently serving as the Area Branch Manager at Cholamandalam
Investments and Finance Company Ltd. It is stated by the complainant in C.R.
Case No.93/2022, that the respondent No. 2/complainant had obtained financial
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assistance from the petitioner's company to purchase a Star Bus on 08.01.2019.
According to the terms of the agreement, due to default in payment, the
accused No. 1/present petitioner repossessed the vehicle and handed it over to
the accused No. 2, Shri Chiranjeet Dutta. Thereafter, the complaint against the
petitioner was filed only after 103 days.
He further submitted that the petitioner challenges the identification in the
complaint petition, as the name mentioned is Sri Jikendrajeet Konwar, while the
petitioner's name is Sri Tikendrajit Konwar. Furthermore, he submits that this
case cannot fall under sections 406/420 of the IPC because, under the hire
purchase agreement, the purchaser merely acts as a trustee for the financial
institution, and the ownership remains with the financial institution.
In addition to his submission, he relies on a decision passed by the Apex
Court in the case of Anup Sarmah vs. Bhola Nath Sharma & Others ,
reported in 2013 (1) SCC 400, and another decision passed by the Co-ordinate
Bench in the case of Industrial Bank & Anr. vs. State of Assam & Anr.,
reported in 2016 (2) GauLT 603.
Citing the above judgments, Mr. De, learned counsel for the petitioner,
prays for a stay of further proceedings in C.R. Case No. 93/2022 till disposal of
the instant case.
Considering the submissions of learned counsels of both sides and also
considering the facts and circumstances on the record, further proceeding in C.
R. Case No.93/2022, pending before the Court of learned Sub-Divisional Judicial
Magistrate (S), Lakhimpur, North Lakhimpur, stands stayed/suspended till
returnable date.
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List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
