SANGEETA ARORA Vs. C.B.I AND ANR.

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure seeking quashing of case R.C. No. 1/2001 -SIU -VIII, under Sections 420/468/471 IPC and the subsequent proceedings pending in the court of Special Judge, CBI under Sections 420/468/471/120B IPC on the ground that since the registration of the case, the Petitioner has already settled the loan account with the bank concerned and paid off the entire amount.

(2.) IT is submitted by Sh. Vikas Arora, Advocate for the Petitioner that the Petitioner Sangeeta Arora is a divorcee, mother of two children and medically unfit. He states that though the Petitioner Sangeeta Arora has been charged for criminal conspiracy for committing offence punishable under Sections 420/468/471 IPC, she has no role to play in the conspiracy. In fact, she is an innocent business lady, who was in need of loan and she was told by the other co -accused persons that they would look after the loan application and get the loan sanctioned. She told them that she had no security to furnish for the loan and whatever documentation was done, it was done by the other co -accused persons in connivance with the Bank Manager. Learned Counsel submits that since Sangeeta Arora has arrived at a settlement with the bank and paid off the loan along with interest, no purpose shall be served by prosecuting her, as such, he requests for quashing of FIR and the proceedings qua her. In support of his contention, learned Counsel has relied upon the judgment of Supreme Court in the matter of Nikhil Merchant v. CBI and Anr., (2008) 9 SCC 67.

(3.) I have considered the rival contentions and perused the material on record. On perusal of the record, it transpires that on the basis of the charge sheet filed by the CBI, learned Special Judge has charged the Petitioner for offences punishable under Sections 420, 468 and 471 read with Section 120B IPC and her co -accused Sh.G.R. Meena, Bank Manager has been charged for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. On bare reading of the charge sheet, it is apparent that the Petitioner actively indulged in falsification of documents and impersonation by the guarantor and on the basis of those forged documents, in connivance with Sh.G.R. Meena, Manager, Nehru Place Branch of State Bank of Bikaner and Jaipur, obtained sanction of loan worth Rs.35 lakhs and against that loan, Rs.29,56,164/ -was withdrawn.