sanctioned term loan and cash
credit limit, from the Bank against hypothication of the firm and has transferred
the hypothicated stock to some other premises ... given intimation to the Bank that he has sold away the
hypothicated stock of the petitioner.
Learned counsel for the petitioner also refers
guilt of the accused. They should be such as to exclude every hypoth-esis but the one proposed to be proved. In the instant case
company :
Original Enhanced/
limit Reduced Limit
(Rupees) (Rupees)
(i) Cash credit (hypothe- 40 lakhs 75 lakhs
cation) limit.
(ii) Bills discounting/pur- 17 lakhs
stocks had been mentioned in these hypothecation stock statements:-
Sr. Date of hypothe- Excess
No. cation stock amount drawn
statement
--------------------------------------------------------------
1. 3-3-1975 (hypo ... correct stocks had been mentioned in these hypothecation statement:-
Sr. Date of hypothe- Excess
No. cation stock amount drawn
statement
construction,
then it would not be for the Court to adopt a hypothical construction. The
relevant portion of the judgment reads as under ... would not be open to
the courts to adopt any other hypothical construction on the
ground that such construction is more consistent with the alleged
that is to
say, they should not be explainable on any other hypoth-
esis except that the accused is guilty.
(3) The circumstances should
reply, there is no evidence
except disclosure statement. Even if hypothe$cally the disclosure statement is taken as
proved, s$ll it does not mean
amount and thereafter defaulted in paying the installments. The
property which was hypothicated with the Bank was found to be
non-existent. The complainant-bank
contractual rate of 13.5% per annum and further sought
recovery against hypothicated and mortgaged properties as mentioned
in the head note of the plaint
with its approval mortgage/hypotheate its property as Security
to the Bank.
b) All the documents of the Sangh will be signed by the secretary
