Hero Fincorp Limited vs State (NCT Of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 307

SUBRAMONIUM PRASAD
Hero Fincorp Limited – Appellant
Versus
State (NCT Of Delhi) – Respondent

Advocates Appeared:
Mr. Sanjeev Singh, Ms. Kajal Bhatia, Mr. Deepank Anand, Mr. Dashmeet Singh, Advocates., for the Appellant; Ms. Meenakshi Chauhan, APP, Mr. Ashok Kumar Goyal, Advocate, for the Respondent.

ORDER

Subramonium Prasad, J. - The present petition is filed under Section 482 CrPC praying for setting aside the order dated 22.01.2021 passed by the Learned Principal District & Sessions Judge, Patiala House in Criminal Revision No. 369/2020 whereby, the Ld. PDJ dismissed the Revision and upheld order dated 10.11.2020 passed by the Chief Metropolitan Magistrate which had rejected the application for registration of an FIR under Section 156(3) CrPC.

2. The Petitioner herein is a Non-Banking Finance Company(NBFC), incorporated under the Companies Act, 1956 and registered with the Reserve Bank of India as an institution providing financial assistance. The Respondent No. 2 is Sunil Sharma, Director of M/s Benlon India Ltd. The facts leading upto the present case are given as hereunder-

i. Mr. Balbir Sharma, Mrs. Sudesh Sharma and Mr. Balbir Sharma in their capacity as Directors of M/s Benlon India Ltd. approached the Petitioner in October 2014 for grant of a loan of Rs. 12.25 Crores stating that their company required to purchase 18 winding machines with standard accessories. Three agreements, namely the Master Facilities Agreement, Supplementary Agreement and Personal Guarantees were e