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2019 Supreme(Del) 2539

CHANDER SHEKHAR
Shashi Adlakha – Appellant
Versus
Housing Development Finance Corporation Ltd. – Respondent


Advocates Appeared:
For the Appellant : Ashok Tobria and Pradeep Kumar Pathak, Advs.

Chander Shekhar, J.

CRL. M.A. 50293/2018 (exemption) in CRL.M.C. 6519/2018

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

CRL.M.C. 6466/2018 & CRL.M.A. 50073/2018 (for stay)

CRL.M.C. 6519/2018 & CRL.M.A. 50292/2018 (for stay)

3. The petitioner has filed the present petitions under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C. in short) for quashing of criminal proceedings in Criminal Case Nos. 59787/2016 and 59793/2016, both under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act', in short) titled "Housing Development Finance Corporation Ltd. v. Ms. Shashi Adlakha" pending before the Metropolitan Magistrate (NI Act), Patiala House Courts, New Delhi.

4. The brief facts, which emerge from the material on record, are that the respondent-Company (complainant before the Trial Court) is engaged in the business of advancing loans under various schemes for residential accommodation to individuals and groups/societies after entering into a written agreement/contract with the borrower. The petitioner herein, is a borrower who entered into a loan agreement with the respondent-Company.

5. The respondent-Company had disbursed two loa

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