ANIL THAPPAR AND ORS. Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Anil Thappar, Sh. Ashok Thappar, Sh. Shyam Sunder Thappar and M/s. Thappar Oils & Fats Ltd. for quashing of FIR No. 349/2000 dated 22.05.2000, under Ss. 406/420/206/120 -B IPC registered at Police Station Connaught Place on the basis of the compromise arrived at between the petitioners and Sh. K.K. Sinha, Sr. Manager, B.O. ARM Branch on behalf of the respondent no. 2, namely, Punjab National Bank, Assets Recovery Management Branch, Atma Ram House, Tolstoy Marg, New Delhi.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the Mr. Vimal Kumar Jain, present in the Court has been identified to be the Chief Manager, PNB, Rajendra Place, ARMB Branch, New Delhi in the FIR in question by his counsel.

(3.) The factual matrix of the present case is that the FIR in question was lodged on the allegation that Anil Thapar, Ashok Thapar and Shyam Thapar being the directors of M/s. Thapar Oils and Fats Ltd. approached the complainant Bank -respondent no. 2 for financial assistance. The respondent no. 2 sanctioned them various facilities totaling to Rs. 360 lacs. During routine inspection, the respondent no. 2 discovered that the above mentioned persons have conspired with each other and have fraudulently removed, concealed etc. stocks, finished/semi -finished goods with the respondent no. 2 and thereby they have prevented the said properties from being taken in execution of the decree or order which they knew is likely to be passed by the Court of law if a civil suit were to be filed against them by respondent no. 2.