CHOLAMANDALAM DBS FINANCE LTD Vs. BHAVANA TUSHAR VAKHARIA

JUDGEMENT

(1.) THIS application is directed against the judgment and order dated 16.7.2008 passed by Ad-hoc Additional Sessions Judge-2, Nagpur, in Criminal Revision No.7165 of 2008 confirming the order dated 17.10.2007 passed by J.M.F.C. (Court No.2), Nagpur, in Criminal Complaint Case No.632 of 2006 in the matter of issuance of process under Section 379 read with Section 34 of Indian Penal Code.

(2.) ON 22.1.2010 counsel for the applicant was called upon to place on record the statements of complainant and her husband and those are now placed before me. I have gone through those statements.

(3.) CRIMINAL Application No.3820 of 2008 is allowed. Rule is made absolute in terms of prayer clause (ii) of the application. Complainant/respondent no.1 to pay cost of Rs.500/- to the applicant/ company in this Court within four weeks from today for filing frivolous complaint, failing which same shall be recovered by applying recovery procedure.