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2022 Supreme(Del) 750

CHANDRA DHARI SINGH
VIKAS CHAWLA – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Vikas Pahwa, Mr. Sumer Singh Boparai, Mr. Abhishek Pati, Mr. Sidhant Saraswat, Mr. Shadman Siddiqui.
For the Respondents: Ms. Kusum Dhalla, Mr. Tushar Jarwal, Mr. Rahul Sateeja, Mr. Ambar Bhushan, Mr. Anurag Soan, Mr. Kunal Tandon, Mr. Chetan Roy.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The present application has been filed under section 439 of the Code of Criminal Procedure, 1973 on behalf of the petitioner/applicant praying for regular bail in FIR bearing No. 043/2021 registered at Police Station EOW Mandir Marg for the offences punishable under Sections 406/420/120B of the Indian Penal Code, 1860.

FACTS

2. As per the FIR the prosecution story is as follows:

    (a) In the year, 2014, Mr. Vikas Chawla and Ms. Pooja Chawla, Directors of Auto Web Performance Cars Private Limited (hereinafter “Auto Web”) approached the Complainant at the office of HDFC Bank Limited at 2nd Floor, Indian Express Building, Bahadur Shah Zafar Marg, New Delhi-110002 for the grant of Credit Facilities in the nature of Inventory Funding and Cash Credit Limits (“CC Limit”) by the Complainant. It was represented that Auto Web was the Authorized Dealer of Hyundai (having dealership code (Hyundai): N1215) and engaged in the business of ‘sales’ and ‘service’ of vehicles manufactured by Hyundai since the year 2013.

(b) On the basis of the request and representation made by Mr. Vikas Chawla (director of Auto Web) and Ms. Pooja Chawla and the documents submitted by th

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