JUDGMENT

Rumi Kumari Phukan, J. - These two Criminal Petitions are taken up together for hearing and disposal being arisen out of the common order dated 28.11.2018, , passed by learned Special Judicial Magistrae 1st Class, Kamrup (M) at Guwahati, in Complaint Case No.3332/2018.

2. Petitioner Madhab Kumar Das of Criminal Petition No.1135/2019, by obtaining loan from the Punjab National Bank (in short ''the PNB''), petitioner in Criminal Petition No.61/2020, purchased four vehicles for commercial purpose. Petitioner Madhab Kumar Das entered into a hypothecation deed with the PNB and also purchased one Toyota Fortuner vehicle bearing registration No.AS 01 BQ 4777, after sanctioning of the loan from the PNB and the loan amount was Rs.22,59,000/-. As per the hypothecation deed (Clause-13), it shall be lawful for the PNB to take repossession of the hypothecated vehicle from the borrower in case the outstanding loan amount is not paid by him after demand by the Bank. As the borrower defaulted in paying the EMI, the PNB issued various notices since 2015-17, to pay the due indicating that otherwise the PNB will be forced to take possession of the hypothecated vehicle and to sale the same for