AARTI VERMA PATEL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present petition moved under Section 482 Cr. P.C., seeks to quash the charge -sheet dated 07.06.2010 as well as the entire proceedings of Criminal Case No. 93 of 2010, captioned as State vs. Deepak Verma and others, under Section 406 of IPC, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate 1st Class, Kirti Nagar, District -Tehri Garhwal.

(2.) RESPONDENT no. 2, the Branch Manager of Punjab National Bank, Deoprayag, District Tehri Garhwal lodged a first information report against eight named accused persons including the present applicant for the offences punishable under Sections 406 and 402 IPC. After the investigation, a charge -sheet was submitted against six accused persons. Cognizance was taken by the learned Magistrate on the said charge -sheet. The applicant was summoned to face the trial for the selfsame offences. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) IT was written in the first information report that the accused obtained cash credit limits and term loans from the respondent bank in the year 2009. The applicant executed mortgage -deed, agreement letter and other documents in favour of the bank. The applicant agreed to comply with the conditions stipulated in the agreement, but she did not comply with the same. In other words, the applicant did not adhere to the terms and conditions of the agreement. She was liable to pay back the money to the bank along with interest. Applicant obtained the loan for running the business of jewellery in the name of M/s Aarti Jewelers, but she utilized the loan money for constructing duplex houses.