defendant in favour of
bank on 01.01.2014, Ex.P-3 Deed of hypothication
executed by the defendant in favour of the plaintiff bank ... Sanction
memorandum, Ex.P-6 Particulars of the vehicle
hypothicated, Ex.P-7 Specimen Signature with
photographs, Ex.P-8 Letter of revival
vehicle bearing KA-35/7114 which was subjected to
loan-cum-hypothication agreement with the complainant
/company. It is not the case of the accused ... held that
the hire purchase agreement and the loan-cum-
hypothication agreement are distinct and
loan/hypothecation agreement contains specific clause
regarding continuing guarantee. Therefore
Draft undertaking/ declaration dtd.13.12.2019
Ex.P.10 Composite hypothication agreement
dtd.13.12.2019
Ex.P.11 Instrument of hypothication of movables ... Letter of installment dtd.17.08.2020
Ex.P.18 Loan cum hypothication agreement
dtd.17.08.2020
Ex.P.19 Declaration cum undertaking
Sanction letter,
Ex.P3, Consideration Receipt, Ex.P4, Deed of
Hypothication along with Annexture-9, Ex.P5, Legal
notice with postal receipt ... Sanction letter, Ex.P3-Consideration
Receipt, Ex.P4-Deed of Hypothication along with
Annexture-9 evidences the sanction of loan to
Defendant
Arrangement dtd.11.10.2018
Ex.P.3 Agreement of loan cum hypothication
dtd.11.10.2018
Ex.P.4 Letter of arrangement ... 2019
Ex.P.5 Supplemental agreement of loan cum
hypothication dtd.25.11.2019
Ex.P.6 Balance confirmation letter dtd.25.11.2019
Note. Ex.P.4 is the
Hypothication agreement. ExP5 is the Letter of General lien.
ExP6 is the 'B' Register extract ... note executed by the Defendant Shantha Kumar. Ex.P.4 is
the Hypothication agreement executed by the Defendant in
favour of the Plaintiff bank
application
Form, Ex.P3, Sanction letter, Ex.P4, Deed of
Hypothication, Ex.P5, Letter evidencing execution of
documents, ExP6, Legal notice with ... application Form, Ex.P3-
Sanction letter, Ex.P4-Deed of Hypothication, Ex.P5-
Letter evidencing execution of documents
further deposed
that it was replied that the documents are lying hypothicated after
more deliberation Rs. One crore was quoted to which Neeraj Bhalla
again ... documents will be executed after he received the documents which
he had hypothicated back after about 5-6 days. The witness had
pointed out towards
Letter dt. 26.10.2018 issued by the defendant;
14) Ex. PW 1/14 :Hypothication agreement dt. 26.10.2018
issued by the defendant ... Undertaking dt. 26.10.2018 executed by the
defendant;
17) Ex. PW1/17 :Hypothication agreement of immovable
assets dt. 26.10.2018;
CS (Comm) : 290/2021 Punjab
that is to
say, they should not be explainable on any other hypoth-
esis except that the accused is guilty.
(3) The circumstances should
