PRABHASH CHAND JAIN Vs. STATE & ANR

JUDGEMENT

(1.) Vide the present petition; petitioner seeks directions thereby quashing of FIR No. 244/99 registered at PS-Civil Lines, New Delhi for the offences punishable under Sections 406/420/34 IPC and proceedings emanating thereto.

(2.) Ld. Counsel appearing on behalf of the petitioner submits that aforesaid case was registered on the complaint made by respondent no. 2/Punjab & Sind Bank. He further submits that the petitioner alongwith Ramesh Chand Jain, Sudesh Chand Jain, Subhash Chand Jain and Umesh Chand Jain had taken loan of Rs.10 lacs on the property mortgaged bearing no.7-A, Rajpur Road, Civil Lines, Delhi. At the time of framing the charge, only the petitioner and Subhash Chand Jain was alive and, therefore, the learned trial court framed charge under Sections 406/120 B IPC against them.

(3.) Learned counsel for the petitioner further submits that the petitioner has already paid Rs.2 crores of his share and for rest of the amount the matter is pending before the DRT filed by the Bank against the legal heirs of above deceased accused. Therefore, the respondent no.2/Bank has given NOC to the petitioner and the said Bank does not want to pursue the case against the petitioner.