Supreme Court · 2012 INSC 496 · Decided 30 October 2012
Anup Sarmah v. Bhola Nath Sharma and ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 496 · [2012] 11 S.C.R. 360
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 8907/2009
- Decided
- 30 October 2012
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482
Headnote
Hire-Purchase - Vehicle purchased by petitioner on hire- C purchase basis - .Complaint filed by petitioner that the respondents-financier had forcibly taken the custody of the said vehicle - Criminal proceedings initiated against the respondents before the Judicial Magistrate Court in criminal revision - Justification - Held: In an o agreement of hire purchase, the purchaser remains merely a trustee/bailee on behalf of the financier/financial institution and ownership remains with the latter - Thus, in case the vehicle is seized by the financier, no criminal action
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