Meena vs Sanjay Kumar - 2022 Supreme(HP) 765

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(HP) 765

SATYEN VAIDYA
Meena – Appellant
Versus
Sanjay Kumar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shanti Swaroop, Advocate.
For the Respondent:Mr. Ajit Sharma, Advocate.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for quashing of Complaint No.3 of 2021, titled as Sanjay Kumar vs. Meena & others and all subsequent proceedings pending before the learned Judicial Magistrate, 1st Class, Court No.3, Mandi, H.P.

2. Brief facts necessary for adjudication of petition are that the petitioner had purchased a vehicle (Innova Crysta) for plying the same as taxi and had obtained financial assistance from AU Small Finance Bank. Petitioner entered into an agreement to sell dated 11.8.2020 with respondent, whereby the aforesaid vehicle was agreed to be transferred to respondent against total consideration of Rs. 21,44,000/-. Out of the aforesaid consideration amount, a sum of Rs. 2,30,000/- was paid to the petitioner and remaining amount of Rs. 19,14,000/- was to be paid to the financer AU Small Finance Bank in equal monthly installments of Rs. 33,000/-. Possession of the vehicle was handed over to the respondent. Allegedly, respondent defaulted in payment of installments to the AU Small Finance Bank. Petitioner re-possessed the vehicle. Before possessing the vehicle, petitioner had issued a legal notice to respondent on 5.3.2021. T

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