SHAREEN HIRE PURCHASE PVT LTD Vs. TARSEM LAL

JUDGEMENT

(1.) This shall dispose of two cases viz. Criminal Miscellaneous Appeal No.453- MA of 2008 and Criminal Miscellaneous Appeal No.467-MA of 2008. Both the cases are between same parties, however in context of different cheques. The pleadings on behalf of the parties are same.

(2.) For reference to the record, file of Criminal Miscellaneous Appeal No.453-MA of 2008 is being taken up.

(3.) This petition has been filed in challenge to Judgment dated 26.3.2008 rendered by the Judicial Magistrate 1st Class, Jalandhar. It transpires that the petitioner filed a complaint for commission of offence under Section 138 of the Negotiable Instruments Act, 1881 against Tarsem Lal (respondent) with the allegation that the complainant is engaged in the business of hire purchase. In October 1997, Joga son of Amar Chand approached the complainant for purchase of three wheeler on hire purchase basis. Three wheeler bearing No.PB-08N-9732 was purchased by the said person and total money advance was Rs.1, 25,000/- under hire purchase agreement dated 25.10.1997. Tarsem Lal, respondent, stood as guarantor for repayment of hire purchase agreement