MAGMA FINCORP LIMITED DEHRADUN AND ANOTHER Vs. CHHATRAPAL SINGH GANGWAR
LAWS(UTN)-2013-3-103
HIGH COURT OF UTTARAKHAND
Decided on March 01,2013

Magma Fincorp Limited Dehradun And Another Appellant
VERSUS
Chhatrapal Singh Gangwar Respondents

JUDGEMENT

- (1.) By way of this petition moved under Section 482 Cr.P.C., the petitioners seek to quash the proceedings of criminal case no. 181 of 2010 Chhatrapal Singh vs. Joshi Manager and others under Sections 420,406,120-B, 504 and 506 IPC, pending in the Court of Judicial Magistrate, Purola, District Uttarkashi along with summoning order dated 21.03.2011 passed in the aforesaid case.
(2.) Accused persons Joshi Manager, Magma Fincorp Finance Limited 27, Tilak Road, Dehradun; Manish Kumar, Kathait Field Officer; Devendra Chaudhary and Yashveer Singh Panwar were summoned to face the trial for the offences punishable under Sections 420, 406, 120-B, 504 and 506 IPC vide order dated 21.03.2011 by the Judicial Magistrate, Purola. Learned Judicial Magistrate passed such order on the basis of statement of the complainant Chhatrapal Singh, recorded under Section 200 Cr.P.C. and statements of witnesses namely, Rajan Daas and Vijay Prasad under Section 202 Cr. P.C.
(3.) Learned counsel for the petitioners submitted that Chhatrapal Singh obtained a loan from Magma Fincorp Finance Limited on 24.01.2007. He paid only seven installments. Thereafter, he became defaulter. The loan agreement was terminated on 17.09.2009. As per clause 22 of the loan agreement, the matter was referred to Arbitrator. The Arbitrator submitted his award on 26th February, 2009 and awarded a sum of Rs. 5,76,569/- to Magma Fincorp Finance Limited against the respondent Chhatrapal. Proceedings for executing the award were initiated in the Court of District Judge, Uttarkashi. Chhatrapal Singh (respondent) appeared before the District Judge, Uttarkashi. A compromise took place before the Executing Authority i.e. District Judge, Uttarkashi. Thereafter, Chhatrapal Singh filed a complaint on 22.02.2010 against the present applicants and others, in which the impugned order was pass . It was alleged by the respondent in the complaint that no money of Magma Fincorp Finance Limited is due against him.;


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