M.L.Singhal, J.

1. Crl. Misc. Petition No. 10306-M of 1993 has been filed by Punjab National Bank (in short "PNB"), Bhiwani through its Senior Manager Shri P.K. Aggarwal whereby it has prayed that order Annexure P-1 dated 16th March, 1991, discharging Lalit Kumar and others in case F.I.R. No. 139 dated 22.10.1989 of PS Civil Lines, Bhiwani under Sections 406/420/120-B IPC, be quashed and the case be sent back to the trial court for framing charge against them.

2. Facts of the case FIR No. 139 dated 22.10.89 (ibid) are as follows :-

3. Anurag Tubes Private Limited, Industrial Area, Bhiwani was the borrower of Punjab National Bank (PNB), Loharu Road, Bhiwani, Lalit Kumar Aggarwal is the Managing Director of the said company. As per agreement dated 2.11.1988 with the bank, the said company was granted a cash credit (hypothecation) limit of Rs. 58 lacs by the bank against the hypothecation of stocks which was duly availed by them. As per clauses of the said agreement, the company cannot sell or dispose of the hypothecated stocks except with the prior written consent of the bank. All the goods which are hypothecated with the bank are held by the borrowers as exclusive property o