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2023 Supreme(P&H) 1295

DEEPAK GUPTA
Abdul Khan – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Anil Chawla, Advocate for the petitioner.
Mr. Parneet Singh Pandher, AAG, Punjab.

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is to quash FIR No.44 dated 27.01.2010 registered at Police Station Civil Lines, Amritsar under Sections 420, 465, 466, 467, 468, 471, 120-B of the Indian Penal Code, 1860 and all the consequential proceedings arising out of the said FIR, qua the petitioner.

2. As emerges on the perusal of the paper-book, a firm by the name of M/s Manjit Machinery Works comprising its partners Manjit Singh, Satwant Singh and Parmjit Kaur had taken a loan of ?4,00,000/- from Punjab National Bank in the name of the said firm. Smt. Sukhjit Kaur stood as guarantor vide an agreement dated 07.01.1993 and mortgaged her land measuring 4 kanal 1 marla in favour of the bank. An entry in the revenue record regarding the said mortgage was also made. However, Smt. Sukhjit Kaur sold half share of the mortgaged property in the name of her husband Harjit Singh vide sale deed dated 27.12.2000, without returning the amount due to the bank. Harjit Singh executed General Power of Attorney dated 01.10.2001 in favour of Dilbagh Rai and on that basis, Dilbagh Rai further sold the property to Pardeep Mohan Sood and Kanwalpreet Singh vide sale deed date

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