RAJIVE BHALLA
Canara Bank – Appellant
Versus
State Of Punjab – Respondent
1. Prayer in this petition filed under S.482 of the Code of Criminal Procedure is for setting aside the orders dated 12-2-2004 (Annexure P-4) and 16-7-2004 (Annexure P-6) passed by learned Sub-Divisional Judicial Magistrate, Baba Bakala and the learned Additional Sessions Judge, amritsar, declining permission to the petitioner bank to sell the tractor in dispute, which tractor has been entrusted to the bank, pursuant to an order passed under s.451 of the Cr. P. C.
2. A brief factual narrative of the facts would be appropriate.
3. The petitioner, namely Canara Bank, a Nationalized Bank, granted a loan of Rs.3,90,000.00 to one Lakhwinder Singh son of karnail Singh, for the purchase of a tractor. Subsequently, it was discovered that security for the loan, namely the revenue record, was fabricated. Consequently, an FIR No.8 dated 9-1-2004 under Sections 420, 466, 467, 468, 469, 471 and 120-B of the Indian penal Code was registered at Police Station beas, District Majithia. During the course of investigation, the tractor, Solenika-750, financed by the Bank was seized by the police. An application, filed by Bank for release of the tractor on sapurdari, was allowed by the Sub-Divi
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