SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Hitesh Pachori, learned counsel for the applicant, learned A.G.A. for the State and Sri D.K. Misra and I.K. Chaturvedi, learned counsel for opposite party No. 2.
(2.) Briefly stated, the facts of the present case are that the opposite party No. 2 is a Company incorporated under the Companies Act having its registered office at Delhi and Head Office at Block 54, Sanjay Place, Agra. The applicant company is also incorporated under the Companies Act, having its registered office at Thane (Maharashtra).
(3.) As per paragraph-2 of the complaint, the applicant herein and Sri Rahul Sukumar Shah (son of the applicant herein) came to the office of the complainant-opposite party No. 2 at Agra and demanded loan and gave assurance that they have well understood the terms and conditions and the rules and further assured that all the instalments shall be paid in time. A loan of Rs. 70,00,000/- was sanctioned by the opposite party No. 2 on 1.8.2013. The accused-applicant assured the opposite party No. 2 for payment of loan under the agreement executed on 1.8.2013.;