Jharkhand High Court
Rahul Bajaj vs State Of Jharkhand on 5 April, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2914 of 2018
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1.Rahul Bajaj, aged about 80 years, son of S.Bajaj, Chairman of Bajaj
Finance Ltd.
2.Rajeev Jain, aged about 48 years, son of S.Jain, Managing Director of
Bajaj Finance Limited.
3.Wasim Akram, aged about 32 years, son of Md. Ayub Shah, Branch
Manager of Bajaj Finance Ltd.
All are resident of having its office at Infinite Bench Mark, 12th
Floor, 1201 Plot No.G1, EP and GP Block, Sector V, PO and PS Salt Lake,
Kolkata-790091 ..... Petitioners
-- Versus --
1.State of Jharkhand
2.Nishant Kumar, s/o late J.P.Gupta, resident of Block No.152/2/4, Road
No.32, Krishna Kunj, Adityapur, PO and PS Adityapur, District Seraikella
Kharswabn ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. J.N. Upadhyay, Advocate
For the State :- Mr. Ravi Prakash, Spl.P.P.
For the O.P.No.2 :- Mr. Onkar Nath Tewari, Advocate
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5/05.04.2022 At the outset it has been informed that petitioner no.1 has
left for his heavenly abode and in view of that so far as the petitioner
no.1 is concerned, this petition has become infructuous. So far as
petitioner nos.2 and 3 are concerned, the learned counsel for the
petitioners is pressing this petition.
This petition has been filed for quashing the entire criminal
proceeding in connection with C/1 Case No.3053 of 2016 including the
order taking cognizance dated 03.05.2017 passed by the learned Judicial
Magistrate, 1st Class at Jamshedpur for the offence under sections 384,
500/34 IPC, pending in the court of learned Judicial Magistrate, 1 st Class,
Jamshedpur.
The O.P.No.2 has filed the complaint
alleging therein that on 06.11.2015 the O.P.no.2 purchased
a free frost refrigerator of Samsung Company from an
authorized dealer namely M/s Electrocraft Super Centre
Mail, Kalimati Road, Sakchi. The O.P.No.2 purchased the
refrigerator through finance whereby the Bajaj Finance
sanctioned a sum of Rs.29,535/-. It was agreed that the
finance amount shall be repaid by the O.P.No.2 by 15
monthly instalments amounting to Rs.1969 per month. The
O.P.No.2 moreover in order avail such easy finance issued a
cancelled cheque of Federal Bank so that the EMI can be
paid through ECS.
The learned counsel for the petitioners submits that this
case is arising out of commercial transaction and for that criminal case
has been lodged. He further submits that now a compromise has been
taken place between the parties which has been accepted by Mr. Onkar
Nath Tewari, the learned counsel for the O.P.No.2. Mr.Tewari, the learned
counsel submits that the petitioner no.3 is Branch Manager of Bajaj
Finance Limited and the petitioner no.2 is Managing Director of Bajaj
Finance Limited.
Both the counsel appearing for the petitioners and the
O.P.No.2 jointly submit that the matter is arising out of commercial
transaction and there is no societal interest involved in this petition and
accordingly the I.A.No.2239 of 2022 may be allowed.
On perusal of the complaint case it appears that the case is
arising out of a commercial transaction and both the parties have entered
into a compromise and there is no societal interest is involved in this
petition, this Court can exercise its powers under section 482 Cr.P.C in
view of "Narinder Singh & Ors. Versus State of Punjab & Anr., reported in
(2014) 6 SCC 466 and " Gian Singh Vs. State of Punjab & Anr." reported
in (2012) 10 SCC 303.
Accordingly, in view of the aforesaid facts and considering
the judgment rendered by the Hon'ble Supreme Court in the case of
"Narinder Singh & Ors. Versus State of Punjab & Anr., reported in (2014)
6 SCC 466 and " Gian Singh Vs. State of Punjab & Anr." reported in
(2012) 10 SCC 303 and as there is no societal interest involved in this
petition and as also the case is arising out of commercial transaction,
entire criminal proceeding in connection with C/1 Case No.3053 of 2016
including the order taking cognizance dated 03.05.2017 passed by the
learned Judicial Magistrate, 1st Class at Jamshedpur for the offence under
sections 384, 500/34 IPC, pending in the court of learned Judicial
Magistrate, 1st Class, Jamshedpur are hereby quashed.
Cr.M.P. No.2914 of 2018 is allowed and disposed.
I.A.No.2239 of 2022 also stands disposed of.
( Sanjay Kumar Dwivedi, J)
SI/
