NISHANT
Financier has got Every Right to Take Possession of Vehicle, Offence of Theft is not Attracted.]
NISHANT MEHROTRA 21 May 2018

Financier has got Every Right to Take Possession of Vehicle, Offence of Theft is not Attracted.]

Kerela High Court  :: Penal Code, 1860 - Ss. 143, 147, 351 & 379 - Criminal Procedure Code, 1973 - S. 438 - Anticipatory Bail - Theft of Vehicle - Financier - Hire Purchase Agreement - Section 379 IPC is not attracted because as per the agreement the financier has got every right to take possession of the vehicle.


Reliance placed on cases of Charanjit Singh Chadha and others v. Sudhir Mehra, (2001) 7 SCC 417, Anup Sarmah v. Bhola Nath Sharma and others, (2013) SCC 400 and A. Mathai v. Kora Bibbikutty, (1996) 7 SCC 212.


Held, the petitioner has been charged under Sections 143, 147, 351 and 379 IPC. The offence of theft as alleged against the petitioner under Section 379 IPC is a non-bailable one. In view of the aforesaid decisions cited supra, I find that Section 379 IPC is not attracted because there was an agreement between the petitioner and the de facto complainant and as per the agreement the petitioner has got every right to take possession of the vehicle.


Case:

GUNVANTH CHAND KHARIWAL Vs. STATE OF KERALA

Did you find this write up useful? YES 4 NO 0
Digital Payment Systemview all

Active Members

Have you activated yours ?

New Members view all
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.