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2018 Supreme(Gau) 782

AJIT BORTHAKUR
Sabya Sachi Dutta, S/o Hrisikesh Dutta – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Ms. A. Hazarika

JUDGMENT & ORDER :

Heard Mr. G. Saikia, learned counsel for the petitioner and Mr. T. N. Mishra, learned Addl. Public Prosecutor, Assam.

2. By this petition under Section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing of the FIR, dated 14.07.2016, lodged by the respondent No. 2, whereupon Silchar P.S. Case No. 1867/2016 under Section 420/34 IPC has been registered against him.

3. The petitioner’s case, in a nutshell, is that he is working as the Area Legal Manager of TATA-MOTOR Finance Ltd. -a company. On 06.11.2012, the respondent No. 2 purchased a commercial LPT3118 Truck Vehicle availing a loan of Rs.18,43,000/- only from the said company, wherein the respondent No. 3 stood as guarantor. The respondent No. 2 paid an amount of Rs.5,20,769/- only as margin money. The mode of repayment was entered in Loan-cum-Hypothecation-cum-Guarantee Agreement, dated 06.11.2012. As per the said agreement, the respondent No. 2 undertook to repay the loan amount together with interest and charges, in 45 monthly instalments. The said agreement was supported by an irrevocable General Power of Attorney in favour of the company empowering it to take back the vehicle and sell the sa














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