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2022 Supreme(Del) 649

CHANDRA DHARI SINGH
Rachin Bansal – Appellant
Versus
State of NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Mohit Chaudhary, Mr. Kunal Sachdeva, Ms. Mahima Ahuja and Ms. Anubha Surana, Advocates
For the Respondent: Ms. Kusum Dhalla, APP with SI Rajiv Gulati, P.S. EOW, Delhi

JUDGMENT :

Chandra Dhari Singh, J.

1. The instant application under Section 438 of the Code of Criminal Procedure has been filed on behalf of the petitioner seeking anticipatory bail in FIR No. 263/2019 registered at Police Station EOW, Mandir Marg, New Delhi for offences punishable under Section 420/406/120B of the Indian Penal Code, 1860.

2. The case of the complainant is that M/s Shri Balaji Beans Pvt. Ltd. (Accused No.1), its director Mr. Ramesh Kumar Bansal (Accused No.2), Mr. Anil Kumar Aggarwal (Accused No.3) and the present applicant committed a default of Rs. 8 Crores.

3. M/s Shri Balaji Beans Pvt. Ltd approached the complainant bank requesting for sanctioned working capital facilities to the tune of Rs. 8 Crores, which was sanctioned on 14th December, 2017 and the sanction letter was countersigned by Mr. Ramesh Bansal.

4. Pursuant to the sanction, a loan agreement was executed on 16th December, 2017. The said credit facility was to revolve around 12 months line and was repayable on demand as per the term of the sanction letter. The said credit facility was agreed to be secured by way of equitable mortgage in addition to the deed of Guarantee. As per the stipulation in the deed

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