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2016 Supreme(HP) 1572

SURESHWAR THAKUR
Nipun Jain – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Vijay K. Verma
For the Respondents: Mr. R.S Thakur

JUDGMENT :

Sureshwar Thakur, J.

Through the instant petition, the petitioners ventilate a relief for quashing of summoning order of 6.1.2015 pronounced by the Court of the learned Judicial Magistrate, 1st Class, Court No.II Dehra. They also pray for quashing of proceedings pending therebefore in pursuance to the lodging of an FIR No. 79 of 24.5.2007 constituting therein commission of offences by the petitioners/accused under Sections 341, 392, 323, 324, 504, 506, 149 and 120-B of Indian Penal Code.

2. The complainant Sh. Suman Kumar Sharma on finance standing purveyed to him by the ICCI Bank Ltd, Branch Office, Mandi purchased Innova car bearing registration No. HP-21A-2321. However, he omitted to adhere to the apposite schedule qua his defraying to it the relevant loan installments, schedule whereof stood embodied in a hire purchase agreement recorded inter-se him and the financer. The vehicle aforesaid which stood purchased by him on finance standing purveyed to him by the financer was hence the subject of a hypothecation deed drawn inter-se him and the financer. Uncontrovertedly the vehicle aforesaid stood purchased by him on a hire purchase basis also a condition stood incorporate















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