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2002 Supreme(P&H) 1417

R.C.KATHURIA
Deva Disc And Tiller, Hissar – Appellant
Versus
Haryana Financial Corporation – Respondent


Judgment

R.C.Kathuria, J.

1. The petitioners seek quashing of FIR No. 913 dated 22.11.2000 registered under Sections 406 and 420 of the Indian Penal Code with Police Station Sadar Hisar.

2. In order to focus the controversy involved in the petition, a few facts need to be noticed. Present case came to registered on the report lodged by Nand Kishore Aggarwal, Branch Manager, Haryana Financial Corporation, Hisar. It is stated therein that Haryana Financial Corporation, Hisar (hereinafter referred to as `the Corporation) had advanced loan of Rs. 7.94 lacs as term loan, Rs. 7.40 lacs as W.C.T. loan and Rs. 22.50 lacs as Additional Term loan to M/s Deva Disc and Tiller, Hisar, petitioner No. 1 through its partners Anil Kumar son of Dev Raj and Des Raj son of Lekh Ram, who are petitioner Nos. 2 and 3 in the present petition. In all total amount of Rs. 37.84 lacs were given to the aforesaid partnership concern, accused No. 1 on 13.3.1995, 22.7.1995 and 11.11.1997. As per terms of loan agreement, the borrowers had undertaken not to replace, remove, mortgage the hypothecated machinery/stock or raw material/finished goods affixed/stored in the factory premises mortgaged and hypothecated to th





















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