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Present petition under Section 482 of Code of Criminal Procedure [Cr.P.C.] is for quashing of FIR No. 157 dated 25.04.2014 (Annexure P/1) registered under Sections 406, 420 and 506 IPC at Police Station City Sonepat, District Sonepat.

2. Quashing of FIR, Annexure P/1 has been sought on the ground that continuation of proceedings on the basis of present FIR is mis-use of the process of the Court because the petitioner, who had taken delivery of vehicle (Tata Sumo Grand Car) from Swan Motors Pvt. Limited on the basis of loan having been advanced by Tata Motor Finance Limited. The petitioner was informed that 70% of the value of the car as loan was to be financed and he was asked to deposit a sum of Rs.2,00,000/- as 1 of 11 ..

Motors Pvt. Limited filed false affidavit before the Consumer Forum. Subsequently, a private complaint was filed by the present petitioner. On March 30, 2011, Swan Motors Pvt. Limited filed a suit for recovery of Rs.5,13,300/- against the petitioner at Delhi Courts.

5. The petitioner has sought quashing of the FIR on the grounds that there is long delay of 4 years in filing the present FIR. The complaint is misuse of the process of law. The local Police of Sonepat is under the influence of the complainant and has been harassing the petitioner though, the petitioner had joined the investigation and as such, the present FIR is liable to be quashed.

7. While replying on facts, respondent No.2 contended that Swan Motors Pvt. Limited is an authorized dealer of TATA passenger Cars in District Sonepat and the petitioner approached Swan Motors Pvt. Limited for purchase of vehicle, i.e. TATA SUMO GRANDE. Deal was 3 of 11 ..

finalized and a total sum of Rs.7,15,675/- was to be paid. On 12.08.2009, Rs.2,00,000/- was deposited as part payment and on 2.9.2009 another sum of Rs.80,675/- was deposited and the balance amount of Rs. 4,35,000/- was to be paid by the Finance Company. The Finance Company had not disbursed the loan amount as the same was not sanctioned. The petitioner approached the Sales Manager of Company and represented that due to marriage in his family, he was going to purchase the said vehicle and requested to give the delivery of the vehicle on 2.9.2009 itself and further assured that the Finance Company would disburse the balance amount of Rs. 4,35,000/- in a day or so. On such a request, assurance and commitment made by the petitioner, the Company delivered the said vehicle and the petitioner also signed the delivery note of the vehicle and also signed an undertaking and acknowledgment to the following effect :-

"in case due to any reason bank/financer is unable to disburse the loan to you within seven days from today, we will compensate you to making payment for the balance amount and till that time we have the exclusive lien on the above mentioned car. Also the original documents will be handed over to us only after the entire payment has been made to Swan Motors Pvt. Ltd."

8. Respondent No.2 also took the plea that the Consumer Complaint was filed before District Consumer Forum, Sonepat and on 5.10.2010, the said complaint was dismissed and prayed that the present petition be dismissed.