IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16750 of 1999 1. RAMESH KUMAR RAJGARHIA @ PRASAD RAJGARHIA, SON OF LATE BANWARI LAL RAJGARHIA, DIRECTOR, LOTUS CREDIT PVT. LTD. 10/2, SAYED SALLEY LANE, CALCUTTA-700073 2. AWADHESH SINGH SON OF SRI BALRUP SINGH, PRESENTLY RESIDENT OF ROOM NO. 10, HOTEL AMRAPALI, P.S. K. HAT, DISTRICT- PURNEA…. …………………………………………PETITIONERS 1. STATE OF BIHAR 2. DEVENDRA MOHAN JHA SON OF KISHORE MOHAN JHA, RESIDENT OF MOHALLA PANI TANKI CHOWK, P.S. KATIHAR, DISTRICT- KATIHAR…… OPP. PARTIES ----------- FOR THE PETITIONER:- MR. RAJAN GHOSHRAVE,ADVOCATE FOR THE STATE :- MR. B.K. PRASAD,ADVOCATE FOR THE COMPLAINANT:- MR.RANJAN KR.JHA,ADVOCATE ---------- 4 22-4-2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for opposite party no.2, the complainant. 2. Petitioners are admittedly the financier who financed the complainant for purchase of a truck some time around February, 1991. According to the complainant, he took loan from the petitioners who represented Lotus Credit Pvt. Ltd after arranging for Rs.89,000/- as his contribution. According to agreement he was required to pay Rs.2,98,825/- in 36 instalments. The price of the truck at that time was Rs. 2,47,000/-. It is further case of the complainant that from time to time the financier kept on asking money 2 which he paid in view of threat that the truck will be seized.. According to the complainant, he ultimately paid Rs. 3,74,000/- and according to him an amount of approximately Rs.70,000/- was taken by the petitioners by putting pressure. Thus he was cheated of the aforesaid amount. Learned counsel for the petitioners has submitted that the Hire purchase agreement contained in annexure1 gives the details of instalments payable by way of Hire purchase till the entire money was paid and in fact on account of default the vehicle was seized and then again given back to the complainant on his paying arrears of instalment. It was highlighted that between the parties there exists arbitration agreement as contained in annexur2 and ultimately when the complainant has purchased the truck, filing of such complaint petition is only to harass the petitioners . According to learned counsel for the petitioners, if there exists any dispute with regard to grievance of the complainant that he has been made to pay excess money such matter can be decided through arbitration in view of arbitration agreement. 3 3. The crux of the submission advanced on behalf of petitioners is that there is no ingredient of any criminal offence involved in the present case and the dispute is entirely of civil nature. 4. On considering the entire materials available on record and keeping in view the fact stated in the complaint petition, the contentions advanced on behalf of the petitioners are found to have merit. 6. The dispute between the parties is essentially a civil dispute and in the facts of the case allowing the criminal case to proceed would amount to an abuse of the process of court. Hence, in the interest of justice the prayer made in this application is allowed. The impugned order of cognizance as well as entire criminal proceeding are hereby quashed. 7. This order shall not prejudice the case of the complainant if he chooses to seek his remedy through arbitration or civil suit in accordance with law. Naresh ( Shiva Kirti Singh, J.)