N. Rai, J. - (1.) Heard.
(2.) The present application has been filed for quashing the order dated 21.1.1997 passed by the Chief Judicial Magistrate, Muzaffarpur in Be'a P.S. Case No. 20/1994 taking cognizance under Sections 420, 406 and 120-B, IPC.
(3.) The Bank opposite party No. 2 lodged a FIR alleging that M/s S.P. Steel Pvt. Ltd. has its registered office at Mohlla-Nayee Bazar, Muzaffarpur Town and factory at industrial Estate Bela, Muzaffarpur. Sudhir Kr. Agrawal is its Managing Director and Pradeep Kumar Agrawal is one of its Directors. The Company is engaged in manufacturing in-got mould. The Bank had provided it Cash Credit (Mandi Type) of Rs. 800/- lakh and Cash Credit Limit (Bills) of Rs. 200 lakh on hypothecation of its stocks and raw materials. Aforesaid Sudhir Kr. Agrawal with the help of his brother started the major portion or the plant, machinery, finished and unfinished products by breaking the back portion or the factory without consent over which the Bank has its charge. Thus, they have committed the aforesaid offence.;