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2000 Supreme(MP) 1064

S.C.PANDEY
SUNDARAM FINANCE LIMITED – Appellant
Versus
MOHD. ABDUL WAKEEL – Respondent


Advocates Appeared:
RAJENDRA SINGHVI, Sharad Verma

S. C. PANDEY, J.

( 1 ) THIS revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the order dated 10-4-96 passed by Chief Judicial Magistrate, Seoni in an unregistered case.

( 2 ) THE applicant is a registered Finance Company. Its Head Office is at Madras. It has opened a Branch Office at 103/3, Shashtri Bridge Road, Napier Town, Jabalpur.

( 3 ) THE applicant agreed to Finance the purchase of Mahindra Commander Jeep, under a hire-purchase agreement dated 21-12-94 with the non-applicant No. 1 Mohd. Abdul Wakeel. The jeep aforesaid was purchased in the name of the applicant, at its order as per invoice dated 21-12-94 issued by the dealer on payment of Rs. 2,30,649/ -. The non-applicant had given his assent to the purchase of jeep on payment of initial sum of Rs. 60,449/- and the balance out of total sum calculated at that time likely to become due amounted to Rs. 3,02,559/- by the time the last instalment was paid. Thus, balance of Rs. 2,41,910/- was to be paid in twenty monthly instalments starting from 21-12-94 and ending on 21-7-96. It is obvious that applicant had included the interest due on the loan advanced. The agreement dated 2













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