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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Magic Mountain – Appellant
Versus
Gagan Kapoor – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petition for quashing of a private complaint bearing Criminal Complaint No. 5/2 of 2022 and further proceedings taken pursuant to it in the Court of learned Judicial Magistrate First Class, Kasauli, District Solan, H.P. in a case titled Gagan Kapoor vs M/s Magic Mountain & ors. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court. It was asserted that the complainant is owner in possession of a building known as “The Nest”, Engine Ghar Road, Sanjauli, District Shimla, H.P. The complainant and accused No. 1 to 5 had execut ed a rent agreement on 26.12.2018, vide which the accused were inducted as a tenant by the complainant in a building known as “The Nest” @ Rs.1,00,000/- plus GST @18% per month, payable in advance on or before 7th day of every month. The rent amount alongwith 18% GST for the month of January was paid through a cheque. The accused were in arrears of monthly rent alongwith 18% GST from J
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