Legal Question in Criminal Law in India

S8r very good morning .

It is rhe matter of 3 parties .

1.) Me Gaurav ( doing car sale purchase business on commission basis and mediator between seller and buyer )

2.) Vipin sharma(registered owner of dzire car)

3.) Spinny cars ( buyer of second hand cars)

Now story is that there was a loan outstanding on dzire car of vipin sharma which he was not paying since 2 years ,After that on the basis of megistrate orders bank has recovered that dzire car from.vipin sharmas house and the same was in the custody of hdfc bank in feb 2020.

Now vipin sharma approached me and asked me that he want to sell his car dzire then i give him 2.90 lacs of value on which i deal .

Then he told me complete storey and after that he connect me with bank collection officer sitting at moti nagar delhi where he askwd him to pay complete paymwnt of 1.30 lacs on car loan and 1.20 lacs on car and cash loan . Both loans of car .then i and vipin sharma visited the bank branch where bank employee sandeep has given us 2 loan closure letters and asked us to visit nearet branch for payment .Then branch has taken my cheques of 2.50 lacs and asked us that noc willl be dispatched within 7-10 days .

I have taken car .original.rc. sale letters.pan card. Adhaar card of vipin sharma( reg owner of car) and on payment receipt mode of payment is written .2.50 lacs to bank ... 20 k to vipin shama via on line transfer and remaining 20 k at thw time when he gives me NOC.

After that i have sold out that car in 3.25 to spinny cars .Now since march i am.regularly calling vipim to give me NOC which is pending .He is not giving any answer and i confirm the same from bank then bank has hold his NOC as there is some credit card dues of vipin sharma.

Now i am the buyer of car and made complete payment in white .what should i do now..Vipin has called me 2 days back and threatening me ki main bhi dekhta hu bina NOC ke transfer kaise hoti hai car .pls suggest


Asked on 5/15/20, 10:17 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

First, on the face of it, there does not seem to be any cause of action for criminal offence of cheating, unless there are more facts which are not described in above. In my opinion, you may write to HDFC for issuance of NOC with respect to car loan only. You may check if the court order appointing receiver was for car loan or for both car and credit card as well. If the order for custody of car was with respect to car loan only, then your best bet would be to approach the court with an application under Order I Rule 10 to first become a party on the basis of two loan closure letters, in the case and then also simultaneously file an application under section 151 on the same basis, for directing HDFC to issue you the NOC. By the way, you have not mentioned in whose possession the car is now,

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Answered on 5/16/20, 2:50 am


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