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Himani Vishnoi vs. State of Rajasthan th. P.P.

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Penal Code, 1860–Secs. 420, 467, 468, & 471–Criminal proceedings–Allegation that the petitioner gave a guarantee by mortgaging a plot for which she mortgaged false and fabricated documents–Petitioner’s husband has fully repaid the loan amount including the interest–The primary liability for the loan is with the borrower and not on the guarantor–Bank also had a duty to conduct thorough due diligence and verify the authenticity of the mortgaged property documents–FIR was lodged after the three years of sanctioning the Loan–Bank has issued the no due certificate–No evidence to suggest that the petitioner had any knowledge or interest to commit fraud–FIR and charge sheet deserve to be quashed.