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1996 Supreme(P&H) 920

P.K.JAIN
Pardeep Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

P.K.Jain, J.

1. This petition has been filed under section 482 of the Code of Criminal Procedure (for short the Code) for quashing F.I.R. No. 133 dated 3.10.1994, registered at Police Station Jagadhari, for the offences under section 406/420, I.P.C.

2. The admitted facts are that on 31.3.1984, the petitioner took a loan of Rs. 25,000/- from the Punjab National Bank, Bilaspur Branch, for the purpose of his business of acid and chemicals vide agreements C.1. This loan was to be repaid by the petitioner in 72 instalments with effect from September 19, 1984. The stock in shop at that time was hypothecated as a security for the repayment of the said loan along with the interest in terms of the said agreement. The petitioner also executed a hypothecation deed-Annexure C.2. Having paid certain instalments for quite some time, the petitioner defaulted. A sum of Rs. 39,552.00 became due from the petitioner to the said Bank as on 17.9.1984 vide copy of the ledger-Annexure C.3.

3. On 3.10.1994, the Manager, Punjab National Bank, Bilaspur, wrote a letter to the Superintendent of Police, Yamuna Nagar, stating therein that a loan of Rs. 25,000/- was sanctioned and distributed to the peti
















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