2015 Supreme(Raj) 1362
VIJAY BISHNOI
Sunil Kumar – Appellant
Versus
Aadeshwar Finance – Respondent
Advocates:
For the Appellant:H.S. Shrimali, Advocate.
JUDGMENT
1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dt. 28.3.2014 passed by the Additional Chief Judicial Magistrate (C.B.I. Cases), Jodhpur Metro (hereinafter referred to as 'the trial court') whereby an application filed by the petitioner under Section 91 Cr.P.C. with the prayer for summoning original hire purchase agreement and registration certificate of vehicle No. RJ-07-P 3780 has been rejected.
2. The main ground taken by the petitioner in the application was that he never executed any hire purchase agreement in relation to vehicle No.RJ-07-P 3780 and the respondent-finance company has falsely alleged that the petitioner has obtained loan for purchasing the said vehicle and failed to repay the said loan. It is also alleged that earlier, the petitioner obtained loan from the finance company for purchasing vehicle No. RJ-07-P 3111, however, the said loan was paid by the petitioner, but the finance company by using the cheques given by the petitioner in lieu of loan taken by him for purchasing the vehicle No. RJ-07-P 3111 has falsely implicated the petitioner in the complaint under Section 138 of Negotiable Inst
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