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2014 Supreme(All) 2200

ARVIND KUMAR TRIPATHI II
Lakhimpur Finvest Co. Ltd, Mela Road, Lakhimpur Kheri – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Manish Bajpai.
For the Respondent: G.A., Mohd. Tariq Iqbal.

JUDGMENT

Hon'ble Arvind Kumar Tripathi (II), J.

1. Instant criminal revision has been filed by the revisionist challenging the order dated 2.5.2009 passed by Chief Judicial Magistrate, Kheri by which application under Section 156(3) Cr.P.C. was rejected.

2. Heard Sri Manish Bajpai, learned counsel for the revisionist, Sri Sharad Dixit, learned AGA for the State and Sri Mohd. Tariq Iqbal, learned counsel for opposite party nos. 2 to 6.

3. Brief facts of the case are that revisionist is a registered company under the Companies Act and doing business of hire purchase of vehicles. Opposite party no.2 purchased a bus through revisionist company on hire purchase agreement bus no.U.P.30-A7834 on 20.2.2007. He defaulted in payment of EMIs and refused to hand over the possession of the vehicle when demanded by the company a notice was sent for settlement of the account. Opposite party no.2 gave a cheque in reply to the settlement of account which was dishonored due to insufficient fund. Again a notice was sent then the bus was sold to the Junk Dealer. Despite, the fact that the bus is hypothicated in the name of revisionist before RTO, Hardoi. An application under Section 156(3) was filed whic






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