TaxTMI 
TaxTMI 
2020 (2) TMI 1160
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.... has been taken up for consideration. Petitioners in the present case are the private limited company namely M/s Daimler Financial Services India Private Ltd (Petitioner No. 1) and its Managing Director, Whole Time Director, Manager, Vice-President and Managing Director of Daimler India Commercial Vehicles Pvt. Ltd. They have moved this Court in its extraordinary writ jurisdiction to quash the First Information Report dated 04.06.2017 arising out of Amas P.S. Case No. 110 of 2017 registered for the offences alleged under Sections 406/420/463/465/467/468 / 504/506/120(B)/34 of the Indian Penal Code. Petitioner Nos. 1, 3 to 5 are citizens of India whereas petitioner nos. 2 and 6 are residents of France and Germany respectively. All of them have been named in the FIR in their capacities as Managing Director, Whole Time Director and other executives of the company. Petitioner no. 1 is a private limited company incorporated under the Companies Act, 1956 and is said to be registered as a Non-Banking Financial Company. Petitioner no. 1 is involved in the business of providing term loans and advances to its customers for purchasing and leasing Mercedes Benz and Bharat Benz vehicles. It i....
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....e brought to the service center and the same will be repaired within 36 hours and for that period no interest will be charged on the loan amount, the respondent no. 5 had purchased the vehicle but the accused persons could not fulfill those promises. The respondent no. 5 claimed that he had served a legal notice on the accused persons and demanded compensation against the wrongful act and omissions of the accused persons which had caused huge loss to the complainant as the vehicles were standing in the campus of the respondent no. 5 after breakdown but no action was taken to repair them despite service of legal notice. It is further alleged that the Company sent some anti-social person and accused no. 4 to the house of the complainant and threatened him as also he was beaten and pressurized not to demand compensation from the Company. For this occurrence the complainant-respondent no. 5 has lodged a complaint case being Case No. 611 of 2016 in the court of learned Magistrate at Sherghati. It is further stated that the complainant has filed a complaint case in the State Consumer Dispute Redressal Commission, Patna vide Complaint Case No. 08 of 2017 and had demanded a sum of Rs. 80....
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....to pay the equated monthly installments regularly under the terms and conditions of the loan agreement. Learned counsel for the petitioners further submits that the respondent no. 5 committed default in paying the monthly installments in terms of the loan agreement, therefore, a loan recall notice dated 30.06.2016 was issued to respondent no. 5 and his brother with respect to the loan agreements duly demanding to pay the entire outstanding amount of Rs. 1,14,58,146.60/- within the seven days from the date of receipt of the said notice. Another loan recall notice dated 31.08.2016 was issued to respondent no. 5 with respect to the two other agreements demanding to pay the entire outstanding amount of Rs. 47,85,321.14/-. Yet another recall notice dated 31.08.2016 was issued to the brother of respondent no. 5 with respect to the four agreements demanding the entire outstanding amount of Rs. 1,10,76,711.52/- but despite the notices when the respondent no. 5 and his brother failed to clear the outstanding amount, the petitioner no. 1 filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 before the learned District Court, Gaya bearing Arbitration No. 01 of 20....
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....erein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the F.I.R. do not constitute a co....
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....attempt to unlawfully secure the amount which was otherwise in dispute when the parties were contesting cases before the State Consumer Dispute Redressal Commission. Learned Senior Counsel, however, does not dispute that this case has arisen mainly raising the grievance of the respondent no. 5 with respect to the lodgement of the cheque which was admittedly issued by respondent no. 5. Learned Senior Counsel has also submitted that the case is still under investigation and hence no interference is called for at this stage. Consideration Having heard learned counsel for the parties and on perusal of the records, this Court finds that the facts of this case are not at all in dispute. A bare reading of the First Information Report shows admission of the informant that he had along with his brother availed financial assistance from petitioner no. 1 company for purchase of vehicles. The grievance of the informant is that at the time said purchase was made the respondent no. 5 was given to believe that the vehicles will have good mileage in lesser oil consumption and then several other services will be provided by the manufacturing company. In fact, the manufacturing company has not ev....