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2024 Supreme(Gau) 574

KARDAK ETE
Yari Tok @ Tok Yari, D/o. Late Tok Kapa – Appellant
Versus
State Of A. P. , Represented by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Nani Anju, Amicus Curiae.
For the Respondents: Mr. T. Ete, Addl. P.P. of A.P.

JUDGMENT :

Heard Ms. N. Anju, learned Amicus Curiae for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh. None appears for the respondent no. 2, despite service of notice.

2. This is an application under Section 482 of the Cr.P.C., 1973 praying for quashing of the F.I.R. registered as Nirjuli P.S. Case No. 48 of 2021 under Sections 417/420 of the IPC, 1860 read with Section 138 of Negotiable Instruments Act, 1881.

3. The case emanates from an F.I.R. lodged by the respondent no. 2, namely, Shri Nich Serbi, on 17.06.2021 before the Officer-in-Charge, Nirjuli Police Station, alleging that he had given a loan of Rs. 9,90,000/-(Rupees Nine Lakhs Ninety Thousand) only to the petitioner on 26.01.2020. The said loan was taken by the petitioner on the promise that same would be returned within a month. However, the petitioner did not repay the said loan amount. The respondent no. 2/informant had asked for return of the said loan amount. Since, the petitioner was not in a position to repay the said loan amount, they executed an agreement on 02.10.2020, wherein, she had agreed to repay the amount within 05.10.2020. Despite such agr

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