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2002 Supreme(P&H) 984

NIRMAL SINGH
Palwinder Raj Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Nirmal Singh, J.

1. This is a petition section 482 Cr.P.C. for quashing of complaint dated 9.7.1998 (Annexure P-7) under Sections 391, 506, 148 and 149 Indian Penal Code pending in the court of the Judicial Magistrate Ist Class, Amritsar.

2. Pargat Singh, respondent No. 2 took loan of Rs. 75,000/- from the petitioner and also executed the loan documents. The loan was required to be repaid in monthly instalments of Rs. 6300/- each. Respondent No. 2 had repaid Rs. 42,400/- and the balance amount was to be repaid. Petitioner sent various notices to respondent No. 2 for making payment of remaining amount of loan but he did not give reply to those notices.

3. On 1.7.1998, when the respondent No. 2 was sitting in the mechanical workshop of Shri Mehal Singh, mechanic near Chittwal Filling Station, G.T. Road, Amritsar and his truck was being repaired, petitioner, armed with revolver alongwith other persons armed with double barrel gun and danda, sotta etc. forcibly entered the workshop. They abused the respondent and threatened to kill him and took away the truck of the respondent. At that time, Rs. 45,000/- were lying in the small box of the truck. Respondent No. 2 filed a complai







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