BAL KRISHAN AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bal Krishan and his wife Veena Rani have filed this petition under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.) assailing judgment dated 23.04.2013 (Annexure P-3) passed by learned Additional Sessions Judge and order dated 01.03.2013 (Annexure P-2) passed by learned Judicial Magistrate. Vide order Annexure P-2, petitioners have been summoned as additional accused on prosecution application under Section 319 Cr.P.C. in FIR case, whereas by judgment Annexure P-3, revision petition filed by the petitioners against order Annexure P-2, has been dismissed.

(2.) Prosecution case is that the petitioners' co-accused Asha Birla Proprietor of a concern, raised loan from complainant Punjab National Bank and her husband co-accused Deep Birla mortgaged the disputed property equitably with the said Bank on 04.06.2002. Since the debtor did not adhere to the financial discipline of the Bank, proceedings under Sction 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short the Act) were initiated by the Bank against the guarantor/mortgagor on 21.08.2004. Pursuant thereto, the mortgagor Deep Birla handed over constructive possession of mortgaged property to the Bank on 28.08.2004 by way of a letter.

(3.) Thereafter, the Bank took actual possession of the mortgaged property on 21.10.2004. However, on 29.10.2004, when bank officials visited the spot, they found the locks of the mortgaged property removed and the petitioners and their co-accused, in connivance with each other, had trespassed into the said property.