Cr.MMO No. 154 of 2011. 28.09.2011.Present: Mr. Sanjay Sharma and Mr. Sanjay Gandhi, Advocates, for the petitioner. Ms. Suman Thakur, Advocate, for respondent No.1. Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana,Asstt. A.G. for respondent No.2. This revision has been filed under Section 482 Cr.P.C. for quashing the order dated 14.11.2008. The respondent No.1 has filed a complaint under Sections 403,409 read with Section 120-B IPC against the petitioner and three others in the Court of Judicial Magistrate Ist Class, Court No.1, Hamirpur. The learned Magistrate on 14.11.2008 issued process against the petitioner and others under Section 403 ,120-B IPC. It has been submitted by the learned counsel for the petitioner that the vehicle was financed by 'Tata Motors Limited' to the respondent No.1 under loan agreement No. 10746651 dated 02.02.2005. The respondent No.1 committed default in repaying the loan and, therefore, the 'Tata Motors Limited' and petitioner have every right to take back the vehicle under the agreement. The agreement has not been placed on record nor it has been stated in the petition that the petitioner under the agreement has right to take back the vehicle forcibly and appropriate the amount according to the whims of the 'Tata Motors Limited' or the petitioner. Assuming that the petitioner has right under the agreement to take back the vehicle, then that right can be enforced in accordance with law by the petitioner and not by use of force and appropriating the amount of the sale proceeds without associating or informing the respondent No.1. On the -2 basis of the complaint and preliminary evidence recorded by the trial Court, it cannot be said that the order dated 14.11.2008 passed by learned Judicial Magistrate Ist Class is wrong,illegal. At this stage, no case for interference is made out by the petitioner. Resultantly, the petition fails and is accordingly dismissed. The pending application is also disposed of in view of disposal of the main petition. (Kuldip Singh), Judge. September 28,2011. (Krt)