PUNJAB NATIONAL BANK Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRL . Misc. Petition No. 10306-M of 1993 has been filed by Punjab National Bank (in short "PNB"), Bhiwani through its Senior Manager Shri P.K. Aggarwal whereby it has prayed that order Annexure P-1 dated 16th March, 1991, discharging Lalit Kumar and others in case F.I.R. No. 139 dated 22.10.1989 of PS Civil Lines, Bhiwani under Sections 406/420/120-B IPC, be quashed and the case be sent back to the trial court for framing charge against them.

(2.) FACTS of the case FIR No. 139 dated 22.10.89 (ibid) are as follows :-

(3.) ON 21.10.89, Shri D.P. Garg, Senior Manager, Shri P.C. Chitra, Assistant Manager of the said bank in their capacity as bankers/creditors went on routine checking of the goods lying in the factory premises which are hypothecated/pledged to the bank in the said company at about 6.15 P.M. and they found Shri Lalit Kumar and his guarantor Shri M.L. Aggarwal removing the hypothecated goods by loading them in truck No. HNV-1955 belonging to the company. This, they were doing stealthily, without the consent of the bank. They, thus, misappropriated the goods on which the bank had lien for the recovery of the loan amount. They, thus committed criminal breach of trust. Truck was loaded with MS pipes. Shri D.P. Garg, Senior Manager and Shri P.C. Chitra, Assistant Manager of the Bank objected to the removal of MS pipes on which the bank had lien for the recovery of the loan amount without the consent of the bank. Shri Lalit Kumar and Shri M.L. Aggarwal refused to hear their protest and threatened that they would remove the entire stocks that night. They went away with the truck together with the goods without their written permission with intent to defraud/cheat and to convert the said goods to their own use thus causing loss to the bank. Matter was reported to the police by Shri D.P. Garg, Senior Manager of the bank on which this case was registered on 22.10.1989.