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2006 Supreme(UK) 168

J.C.S.RAWAT
J. E. Talaulicar, Ex. Managing Director – Appellant
Versus
Gurpreet Singh – Respondent


Advocates Appeared:
For the applicants:Sri Y.K. Bisht, Sr. Adv. assisted by Ms. Seema Sirohi, Advocate.
For the State: Sri Nandan Arya, AGA:

JUDGMENT

J.C.S. Rawat, J.-

This petitioner u/s 482 Cr.P.C. has been directed to quash the entire proceedings including the complaint ,and summoning order dated 27.05.1995 passed by the lat Additional Chief Judicial Magistrate, Dehradun in Case No. 685 of 1994.

2. Brief facts for the disposal of this petition are that the complainant purchased a truck from Commercial Motors Dehradun. At the .time of the ' purchase Rs. 77,637/- was paid by the complainant and rest of the amount was to be paid in 23 equal instalments to the accused No. 1. The total amount " of the said truck with interest was Rs. 3,27,637/". The complainant made default in making the payment to the financier and thereafter a notice was issued on behalf of the company-accused No.1 to the complainant on 04.09.1993 requiring him to pay the outstanding amount till 31.09.1993 alongwith overdue compensation on the delayed payment within 21 days. Thereafter the said amount was not paid and the Solid vehicle was ceased by the financier and the possession was taken by the company. When the said truck was in possession of the applicant/company, notice was again given to the complainant to pay the dues so tha1 the truck may be han






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