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N.S.DHANIK
H. P. Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Mr. Aditya Singh, Advocate
For the Respondents:Mr. S.K. Chaudhary, Deputy Advocate General
For the Respondent No.2:Mr. Bhupesh Kandpal, Advocate

JUDGMENT

N.S. Dhanik, J.—This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the Complaint Case No. 905/2015 and the summoning order dated 7.12.2015 passed therein by the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.

2. Background facts of the case, necessary to be noted for deciding the present criminal miscellaneous application are:-

2.1 The applicant is the Managing Director of a non-banking financial company ‘Satin Creditcare Network Ltd.’, engaged in microfinance business, having its registered office in Delhi and which has one of its branches situated and functioning at Sitarganj in District Udham Singh Nagar, Uttarakhand. Complainant and her colleagues availed the facility of group finance from the said branch of this company.

2.2 Respondent no. 2 instituted the impugned complaint case before the Court of Additional Judicial Magistrate, Khatima, District Udham Singh Nagar. Respondent no. 2 averred in the complaint that she herself availed loan and helped other poor women in availing the loan in group from the said company and thus she came in contact with the accused persons, who assured her to give employment

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