C482/1649/2023
2023 Latest Caselaw 2327 UK

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                                 C482 No.1649 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Tiwari, learned counsel for the applicant.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

The subject matter of sale i.e. the property lying in Durga City Centre, the applicant claims to be the owner of this property, which is admittedly mortgaged with the Bank and the its during continuance of the mortgage, the property was sold to the complainant, without there being a prior redemption of mortgage.

That too in itself when the seller had a knowledge of the property being mortgaged by him and he still proceeds to sell the same, would entail an attraction of the provisions contained under Section 420 of the IPC. More, particularly, when there being the proceedings before DRT too.

In that eventuality, the applicant is directed to surrender himself before the Court of Chief Judicial Magistrate, Haldwani, District Nainital and resort to his recourses as provided by the Hon'ble Apex Court under the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation, as reported in 2022 (10) SCC

51. Subject to the aforesaid, the C482 Application stands closed.

(Sharad Kumar Sharma, J.) 18.08.2023 Sukhbant