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2018 Supreme(HP) 1258

CHANDER BHUSAN BAROWALIA
Mahindra And Mahindra Financial Services Limited – Appellant
Versus
Butta Singh – Respondent


Advocates Appeared:
G.C Gupta, Meera Devi, V.D Khidta, Advocates for the appearing parties.

JUDGMENT

Chander Bhusan Barowalia, J —The present application is maintained by the applicant/complainant (hereinafter referred to as "the complainant") under section 378(3) Cr.P.C. for grant of leave to file an appeal against the judgment, dated 27.10.2016, passed by the learned Additional Chief Judicial Magistrate, Court No. 2, Shimla, in Criminal Case No. 2045-3/2014/2013, whereby his complaint, filed under Section 13 of the Negotiable Instruments Act, against the non-applicants/accused (hereinafter referred to as "the accused") was dismissed.

2. The key facts necessary for disposal of the present application can tersely be summarized thus: The complainant-company, being Non-Banking company, duly registered under the Indian Companies Act, 1956, approached the learned Trial Court by filing a complaint alleging that accused No. 1, who is the proprietor of M/s Singh Motors (accused No. 2) , took loan of Rs. 20, 00, 000/- (rupees twenty lac) from the complainant for purchase of tipper AMW 2518. It was further averred that the total value of loan amount is Rs. 24, 17, 400/- ( Rs. 20, 00, 000/- as loan amount and Rs. 4,17, 400/- as financial charges) and accused No. 1 was to repay the l

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