LAWS(DLH)-2009-5-83

SUSHIL SURI Vs. C B I

Decided On May 12, 2009
SUSHIL SURI Appellant
V/S
C.B.I. Respondents

JUDGEMENT

(1.) This order shall dispose of a petition filed by the petitioner under Section 482 Cr.P.C. seeking quashing of an FIR bearing no. R.C.5(E) 2002/SIU/VIII, P.S./CBI/SPE/SIU-VIII registered by Central Bureau of Investigation (CBI) and the proceedings arising therefrom against the petitioner on 23.07.2002 under Sections 120B/420/409/468/471 IPC. It is the case of the petitioner that the present dispute is between the petitioner and the second respondent regarding paying the dues of the second respondent which has been settled in full and final and now there is no dispute left between them. It is submitted that in these circumstances no useful purpose shall be served in continuing with the proceedings/investigations in the aforesaid FIR registered by the CBI as aforesaid.

(2.) Briefly stating, the facts of the present case are that M/s. Morpen Laboratories Ltd. is a public limited company engaged in manufacture of pharmaceutical products having manufacturing units in District Solan of Himachal Pradesh. To run the affairs of the company various types of advances were taken by the company from different banks/ financial institutions and the money was also raised from the open market from time to time in the form of shares, etc.

(3.) In the year 1998, accused petitioner and other Directors of the company applied for "Hire Purchase" advance of Rs. 2 crores from Punjab and Sind Bank (hereinafter referred to as 'PSB'), Hire Purchase Branch, Connaught Circus, New Delhi. The purpose mentioned in the loan application was purchase of various machinery items proposed to be installed at the manufacturing units. To avail the advance many forged and fabricated performa invoices of non-existing suppliers were submitted. On this basis, PSB sanctioned the funds to the company of which the petitioner is a Director. The said company neither purchased any plant or machinery and the advance were used for other purposes.