GOPAL AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have filed this writ petition under Art. 226 of the Constitution of India for quashing FIR No. 334/2016 (Annexure P/1) dtd. 26/10/2016 registered against the petitioners at Police Station- Dabhra, District- Janjgir-Champa (C.G.) for committing offence punishable under Ss. 420, 467, 468, 471/34 of I.P.C. and further subsequent final report submitted before Judicial Magistrate First Class, Dabhra, District- Janjgir-Champa (C.G.).

(2.) The brief facts as projected by the petitioners are that complainant/respondent No. 4- Shashi Bhushan Singh lodged an FIR No. 334/2016 on 26/10/2016 against the petitioners at Police Station- Dhabhra, District- Janjgir-Champa for committing offence punishable under Sec. 420, 467, 468, 471/34 of I.P.C. mainly contending that he is working as Manager at Geo Chem Pvt. Ltd., Bhopal and Suveyor of Geo Chem Pvt. Ltd.- B.L. Sahu, in connivance with borrower- Gopal Agrawal, Shyam Lal Agrawal and Smt. Poonam Agrawal has submitted forged storage receipt and thus, committed fraud with the Geo Chem and bank as when the borrower was unable to repay the loan the bank has initated proceedings and directed the complaint to verify the stock of rice kept in godown then it was revealed that loan was taken on the basis of quality and quantity of the rice, which was kept in the storage was not the same and it was inferior quality and less quantity. On the basis of this complaint, FIR has been registered against the petitioners for committing offence under Ss. 420, 467, 468, 471/34 of I.P.C.

(3.) It has been further contended by learned counsel for the petitioner that the petitioner No.1 borrowed commodity loan for Rs.45.00 lacs from IDBI Bank branch-Raigarh by depositing Jawaphool rice to the tune of 138.94 metric tons. Likewise, petitioner No. 2 has taken commodity loan of Rs.50.00 lacs from HDFC bank by depositing 52.50 metric tons of Jawaphool rice and 83.65 metric tons HMT rice. The rice were kept in the godown hired by the bank through Geo Chem Pvt. Ltd. which is authorized agency. Due to irregular payments, the bank has initiated the proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by filing original application before the Debts Recovery Tribunal, Jabalpur. The said cases are pending. During pendency of the case, the bank has lodged FIR No. 334/2016 at Police Station- Dhabhra, District- Janjgir- Champa for committing the offence as mentioned above.