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2020 (1) TMI 1421

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..... ashar, AOR For the Respondent(s) : Mr. Arvind Varma, Sr. Adv., Mr. Sharan Dev Singh Thakur, Adv., Mr. Farrukh Rasheed, AOR, Ms. Saloni Tangri, Adv., Ms. Jasleen Chahal, Adv. JUDGMENT Hemant gupta, J. 1. The State is aggrieved against an order passed by the High Court of Madhya Pradesh on 2nd May, 2016 whereby the proceedings against the respondents, both sons of late Manohar Singh Jadon, for a .....

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..... th May, 2004. Harshvardhan Singh Jadon (accused-respondent No. 2) is the proprietor of M/s. Harshvardhan & Brothers whereas Yogendra Singh (accused-respondent No. 1) is the proprietor of M/s. Sarohar Trading Company. Ghanshyam Sharma, General Manager, Ramanlal Acharya, Manager, Ram Singh Yadav, General Manager were also arrayed as accused. It was alleged that accused Harshvardhan Singh Jadon submi .....

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..... completing any of the procedural requirements and without mortgage of any of the property. Smt. Saroj Singh mortgaged the land but without any valuation. The surety of Ishwar Singh was taken. The same person mortgaged land as in the case of Harshvardhan. Similar is the assertion in respect of registration of mortgage. It was also alleged that a sum of Rs. 25,65,894/- is the balance as on 31st Marc .....

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..... and regulations in that behalf of confer benefit upon the applicants, but that will give rise to liability against the officers of the bank who failed to discharge their duties in accordance with prescribed norms and regulations. However, that may not be a ground to proceed against a person who has been granted cash credit facility. xx xx xx 14. In the instant case, the uncontroverted allegation .....

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..... he respondents are beneficiary of benevolence of their father prima facie disclose an offence under Sections 420 and 120-B IPC. It may be stated that other officials of the Bank have been charge sheeted for an offence under Sections 13(1)(d) and 13(2) of the Act. The charge under Section 420 IPC is not an isolated offence but it has to be read along with the offences under the Act to which the res .....

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