DILBAGH RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. praying for the quashing of FIR No. 80 dated 5.6.1996, Police Station Sadhaura District Yamuna Nagar under Sections 420 IPC and order dated 15.2.1997 passed by the learned Judicial Magistrate Ist Class, Jagadhari vide which he did not accept the cancellation report submitted by the Investigating Agency and sent the case for proper investigation the Superintendent of Police, Yamuna Nagar.

(2.) THE facts relevant for the disposal of this case may be noticed as under :

(3.) THE petitioners-accused Dilbagh Rai and Ghansham Dass raised crop loan from the Bank in the year 1987 and mortgaged their agricultural land measuring 26 kanals 10 marlas situated in the revenue estate of Village Nadipar, Sadhaura vide registered mortgage deed No. 351 dated 11.8.1997 and a valid charge was created in favour of the said Bank vide report No. 574 dated 13.8.1997 showing a lien of the Bank. The loan was to be repaid back with interest and other charges within six months after harvesting the crop but the accused-petitioners failed to repay the loan, the interest and other charges. Left with no other alternative, the Bank filed a civil suit for recovery of a sum of Rs. 28,568.70 in the Court of Civil Judge, Jagadhari which was pending since 21.2.1990. It was alleged that during the pendency of the civil suit aforesaid, the petitioners-accused, Dilbagh Rai and Ghansham Dass fraudulently sold a part of the mortgaged land vide sale-deed bearing No. 514/10516/1 dated 21.11.1995 knowing fully well that the land aforesaid had been mortgaged with the Bank in lieu of the loan advanced to them. It was alleged that the accused-petitioners had committed the offence of fraud as well as the offences punishable under Sections 406, 409 read with Section 120-B IPC.