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COURT NO.50
CRIMINAL REVISION NO.42 OF 2010
P.K. Bhalla and others Vs. State of U.P. and another.
Hon'ble Mrs. Poonam Srivastav, J.
Heard Sri G.S. Chaturvedi Senior Advocate assisted by Sri
S.B. Kochar, Advocate, appearing for revisionists and learned
A.G.A. for the State.
The order dated 5.12.2009 passed by Additional Chief
Judicial Magistrate-II, Gautam Budh Nagar, in complaint case
no.2930 of 2009 Manoj Kumar Vs. P.K. Bhalla and others under
Sections 147, 323, 452, 504, 506 I.P.C. Police Station Sector 49
NOIDA, District Gautam Budh Nagar, is impugned in the instant
revision.
Revisionists are officers of HDFC Ltd. Opposite party no.2
applied for housing loan, which was approved and Rs.50,00,000/-
(Rupees fifty lacs) was disbursed in four instalments He made
default in repayment of loan. A money suit was instituted, which
was decided in favour of HDFC Ltd. Officers of HDFC Ltd.
initiated recovery proceedings under Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (hereinafter referred to as the Act) and issued a
demand notice under Section 13(2) of the Act. Pursuant to an
application moved before District Magistrate under Section 14 of
the Act, police force was given for taking possession of the
mortgaged property.
Meanwhile, civil misc. writ petition no.46254 of 2006 was
preferred by opposite party no.2, which was disposed of by this
Court vide order dated 25.8.2006 with certain direction and
conditions. The said conditions were not fulfilled.
After completing all the formalities, officers of HDFC Ltd.,
along with police force and Nayab Tehsildar went for recovery. A
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request was made by co-borrower Smt. Savita Mishra for 30 days’
further time to make the entire payment of balance loan. Money
has not yet been deposited but an application under Section
156(3) Cr.P.C. was moved with malicious intention against
revisionists and 16-17 unknown persons for offences under
Sections 147, 148, 149, 323, 452, 394, 504, 506 I.P.C., which
was treated as a complaint case. Learned Magistrate after
recording statement under Sections 200 and 202 Cr.P.C.
summoned revisionists for the aforesaid offences vide order dated
5.12.2009, which is impugned in the instant revision.
Sri G.S. Chaturvedi Senior Advocate, has drawn my
attention to Section 32 of the Act, which relates to protection of
action taken in good faith. He has submitted that assuming any
act was committed while effecting attachment order in lieu of
recovery of loan, revisionists are entitled for protection of action
in discharge of their official duty.
In view of the aforesaid submission, issue notice to
opposite party no.2 returnable at an early date.
Counter affidavit may be filed within three weeks from the
date of receipt of notice. Learned A.G.A. may file counter
affidavit within four weeks from today. Rejoinder affidavit may
be filed within three weeks thereafter.
List immediately on expiry of the aforesaid period.
Till the next date of listing, operation of impugned order
dated 5.12.2009 passed by Additional Chief Judicial Magistrate-
II, Gautam Budh Nagar, in complaint case no.2930 of 2009
Manoj Kumar Vs. P.K. Bhalla and others under Sections 147,
323, 452, 504, 506 I.P.C. Police Station Sector 49, NOIDA,
District Gautam Budh Nagar, shall remain stayed.
Dt. 7.1.2010
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