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2024 Supreme(Online)(MAD) 4021

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.K. RAMAKRISHNAN
Pandiyaraj – Appellant
Versus
R.Ramani – Respondent


ORDER

The petitioner is the defacto complainant. He filed the Cr.M.P.No.2415 of

2021 on the file of the learned Judicial Magistrate, Uthamapalayam under Section 156(3) Cr.P.C. In the said petition, it is averred that the petitioner is the owner of the tractor bearing Registration No.TN 60 AV 8637. He obtained loan from CNH industrial capital India Private Limited. On 02.09.2020, the respondents approached the petitioner and agreed to buy the tractor for the value of Rs.5,77,000/-. Therefore, an agreement was entered into between respondents and the petitioner. As per the agreement, the respondents were to pay an advance of Rs.1,77,000/- and on such payment, the respondents can take possession of the tractor. The respondents were to make the regular installment to the said financial institution. The respondents after making the said payment of Rs.1,77,000/- took possession of the vehicle and they did not make any payment towards the EMI. Therefore, the company issued notice to the petitioner and the petitioner made a payment to the company. Thereafter, the petitioner approached the respondent to return the vehicle and the amount paid by him to the financial company. At that time, the

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