Code of Criminal Procedure, 1973–Secs. 451/457 [ Corresponding Secs. 497/503 of BNSS, 2023 ]–Penal Code, 1860–Secs. 420 & 406–Direction to petitioner-bank to refund the amount which was lying in its custody–Accused-persons received the agricultural products of the farmers, kept these in their godowns and taken the loan from the bank by mortgaging the stock–After the FIR came to be lodged, the agricultural products were directed to be auctioned by the Trial Court in view of its perishable nature–Application of petitioner-bank to appropriate a certain sum was dismissed–Thereafter, the bank approached before DRT and obtained the order of temporary appropriation of the amount, however, the relevant facts of the case were not put before the DRT–Amount was appropriated by the bank without seeking the prior permission from the Trial Court–Held, Trial Court was justified in passing the impunged order.
