ANANT BHAGWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed by the petitioners for quashing of the order dated 16.12.2002 passed in Jakkanpur P.S. Case no. 107 of 2002 whereby cognizance has been taken against the petitioners under Sections 406,420,467 and 34 of the Indian Penal Code.

(2.) PETITIONER no. 1 is the father of petitioner nos. 2 and 3. Petitioner no. 1 is the proprietor of a general store in the name and style as M/s Mahalaxmi General Store. In the year 1997 petitioner no. 1 approached the Central Bank of India, Yarpur Branch, for sanction of cash credit limit of Rs. 3,60,000/ - for smooth functioning of the business. On 26.3.1997 the cash credit limit of Rs. 3,60,000/ - was allowed and he has to create equitable mortgage of his immovable property i.e. the residential house in lieu of the sanction amount. Petitioner nos. 2 and 3 were guarantors of the said cash credit limit.

(3.) SINCE there was some confusion between the parties and the sale deed could not be executed, the opposite party no. 2 thereafter filed Title Suit no. 14 of 2002 for specific performance of contract with a prayer for a direction to the defendants to execute and register the sale deed of the suit property. During the pendency of this title suit, opposite party no. 2 instituted a police case vide Jakkanpur P.S. case no. 107 of 2002 against the petitioners for the alleged offence under Sections 406,420,468 and 34 of the Indian Penal Code.