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2021 Supreme(Guj) 979

GITA GOPI
NARPAT MOTISINGH PUROHIT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HARSH V GAJJAR, MR UMANG S OZA
For the Respondent: MR MANISH J PATEL, MR PRANAV TRIVEDI

JUDGMENT :

1. The petitioner before this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) has prayed for quashing and setting aside the Criminal Case No.7214/2019, wherein he has been made an accused in proceedings under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’ for short) before the learned Judicial Magistrate, First Class, Vadodara. The petitioner challenges the issuance of summons dated 22.02.2019 and all the consequential proceedings initiated in pursuance thereof, contending that the same are illegal, untenable unsustainable, malafide and not maintainable in the eyes of law.

2. The petitioner states that he had purchased the vehicle being Maruti Swift bearing Registration No.GJ-06- FK-4360, availing the financial assistance from respondent no.2 – Shriram Transport Finance Company Ltd. by Hire Purchase Agreement in the year 2013. The value of the car was Rs.6,29,263/-, out of which the financial assistance availed by the petitioner was Rs.4,90,000/-, which the petitioner was to pay to respondent no.2 in 48 equal monthly installments along with interest of Rs.2,45,082/-. The petitioner st

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