https://www.taxtmi.com/caselaws?id=197807 Under a hire-purchase arrangement, the financier remains the owner until contractual terms are fulfilled, while the hirer holds the vehicle subject to those terms. Repossession on default of instalments is treated, at most, as a civil dispute arising from contractual rights and obligations. On that reasoning, the taking back of possession does not disclose the dishonest intention or mens rea required for a criminal offence, and criminal proceedings founded on theft-like allegations amount to an abuse of process. The text records that the challenge to the quashing of the proceedings failed. en-us Tue, 30 Oct 2012 00:00:00 +0530 Fri, 14 Jul 2023 09:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197807 Under a hire-purchase arrangement, the financier remains the owner until contractual terms are fulfilled, while the hirer holds the vehicle subject to those terms. Repossession on default of instalments is treated, at most, as a civil dispute arising from contractual rights and obligations. On that reasoning, the taking back of possession does not disclose the dishonest intention or mens rea required for a criminal offence, and criminal proceedings founded on theft-like allegations amount to an abuse of process. The text records that the challenge to the quashing of the proceedings failed. Case-Laws Indian Laws Tue, 30 Oct 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197807