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2013 Supreme(All) 2298

ARVIND KUMAR TRIPATHI II
Shiv Nath Arora and another – Appellant
Versus
State of U. P. and another – Respondent


Advocates:
For the Revisionists : Rama Kant jayswal and Parul Kant;
For the Opposite :Party :Govt. Advocate

Arvind Kumar Tripathi (II),J.

Heard Shri Rama Kant Jayswal, learned counsel for the revisionists, Ms Meera Tripathi, learned AGA for the State respondent and Shri Gopal Mishra, leanred counsel for opposite party no.2

2. This criminal revision has been filed challenging the order dated 25.5.2013 passed by the learned Chief Judicial Magistrate, Hardoi in Case No.783 of 2010 by which the learned court below has rejected the application under Section 321 Cr.P.C. by allowing the application moved by the Assistant Prosecuting Officer dated 18.2.2013.

3. The fact, in short, is that an application under Section 156 (3) Cr.P.C. was moved by Babu Ali alleging that he has taken loan from the Urban Development Co-operative Bank, Station Road, Railwayganj, Hardoi on 4.8.1991 for purchasing a Marshal Jeep. The entire loan was paid, and the then Manager Shri Shiv Nath Arora, and has given no dues certificate on 29.11.2002. Despite this fact, the branch manager and the secretary of the bank Vijay Pal gave notice on 6.9.2005, which was received by the applicant. A reply was sent to the bank manager through registered post, and that was served on the manager Shri Shiv Nath Arora, who also gave a reply.









































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