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2007 Supreme(Del) 2468

V.B.GUPTA
Parbhakar – Appellant
Versus
State of Delhi NCT – Respondent


Advocates appeared
Through Mr.Ashish Upadhyay,Advocate
Through Mr.Lovkesh Sawhney, Advocate for respondents 1 and 2 Mr.N.Hariharan, Mr.M.A.Niyazi and Ms.Anamika Ghai, Advocates for respondent no.3.

Judgment

V.B. GUPTA, J.

1. The present petition has been filed under Section 482 CrPC, seeking quashing of complaint case, filed in the Court of Metropolitan Magistrate, New Delhi and consequential FIR no.705/06 under various Sections of Indian Penal Code with P.S.Sarita Vihar.

2. The brief facts of the case, as per the allegations made in the complaint/FIR, are that Vishwanatha Tantri(petitioner no.3), Branch Manager of the complainant company in October/November, 2000, recommended to the complainant company, house loan of Rs.3 lacvs of petitioner no.1 and 2 as applicant and co-applicant for the purpose of construction of a house, situated at site no.153, kh. no.80/2A, H.L.No.153, Kothapur Village, Uttarhalli Hobli, Bangalore South Taluk, Bangalore. It was induced by petitioner no.1 that the property in question stands in his name. On the assurances given by petitioners 1 and 2 that they have good title over the property and it was a good mortgage, the head office asked the Branch Manager to get executed the relevant documents by them. Accordingly, the documents were executed and petitioner no.3 was the guarantor to the loan agreement. The complainant company from Delhi sanctioned


















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