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2011 Supreme(Bom) 1442

A.P.BHANGALE
Mahindra & Mahindra Financial Services Ltd. – Appellant
Versus
Nitin – Respondent


Advocates Appeared:
For the Applicant:M.R. Joharapurkar, Advocate.
For the Respondent:N.D. Futane, Advocate.

Judgment :

1] By this application under Section 482 of the Code of Criminal Procedure, the applicant (original complainant) has prayed for, to quash and set aside the order passed below Exhibit 66 on 21.12.2009 in Summary Criminal Case No.3950/2008 by the learned 23rd Judicial Magistrate First Class and Special Court, Nagpur, under Section 138 of the Negotiable Instruments Act, whereby the learned Trial Magistrate was pleased to direct return of the complaint for to be presented before the Court having jurisdiction. The complainant aggrieved by the said order, preferred this Criminal Application with prayer for to invoke inherent powers, in view of Section 482 of the Code of Criminal Procedure.

2] The facts, which appear, briefly are as under:

The applicant is a nonbanking finance company incorporated and registered as a company under the Companies Act, 1956 doing business of leasing and hire purchase having its corporate office at Sadhna House behind Mahindra Towers with Regional Office at 1st Floor, Civil Lines, Nagpur.

3] The learned Advocate for the applicant submitted that the complainant was to recover loan amount from the accused given to him for purchase of vehicle. The re














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