HARI KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 20 dated 3.3.1999 has been registered at Police Station Sadhaura, under Sections 406, 420 and 120-B of the Indian Penal Code on the complaint lodged by Darshan Singh, Branch Manager, State Bank of Patiala, Industrial Area Yamunanagar, wherein the following material allegations are found :-

(2.) PETITIONER -Hari Kishan approached the Additional Sessions Judge, at Yamunanagar (Jagdhari) for bail in anticipation of arrest but this petition has been dismissed by the learned Additional Sessions Judge. Therefore, the petitioner has approached this Court under Section 438 Cr.P.C. for the said relief.

(3.) LEARNED counsel for the petitioner contends that the Rice Mills was running profitably but 3.1.1996 three of its Directors died in an accident and their untimely death had brought the Rice Mills into crisis. He contends that no offence under Sections 406, 420 and 120-B of the Indian Penal Code has been made since the dispute is purely of a civil nature and the complainant-bank has to file a suit for recovery. The learned counsel for the petitioner contends that there was no dis-honest intention on the part of the petitioner when the bank extended the cash credit facility. The learned counsel for the petitioner also contends that the even before the F.I.R. was registered on 3.3.1999, the bank has taken into custody the entire plant, machinery and 24 kanals of land on 22.1.1999. The further contention of the learned counsel for the petitioner is that no recovery is to be made and all the documents are in the custody of the police.