BHARATBHAI K UNADKAT Vs. KUSUMGAURI GULABRAI DOSHI

JUDGEMENT

(1.) THE petitioners have approached this Court for quashing the complaint registered as Criminal Case No. 23 of 2005 wherein an order dated 10.02.2005 was made for investigation under Section 156(3) of the CrPC Pursuant to that order, an FIR was registered as M. Case No. 3 of 2005 in Pradyumannagar Police Station of Rajkot on 13.02.2005. Petitioners are the accused persons in the complaint and Respondent No. 1 is the original complainant. The substance of the complaint is that the petitioners have committed offences punishable under Sections 419, 420, 406, 465, 467, 468, 471 and 120 -B of the IPC by forging and registering a document for offering valuable land of the petitioner as security to a bank and obtained loan of Rs. 97 lakhs.

(2.) ACCORDING to the petition, Petitioners No. 1, 2 and 3 have availed credit facility of Rs. 97 lakhs under different heads from Vijaya Bank in the year 1994 and Petitioners No. 4 and 5 along with Respondent No. 1 were guarantors for the credit facility. The petitioners failed to repay the dues along with interest and hence, after notice dated 21.01.1999, Original Application No. 294 of 1999 was filed before the Debts Recovery Tribunal, Ahmedabad. That application was allowed on 25.6.2000 entitling the bank to recover, jointly and severally, sum of Rs. 1,40,67,078.03 ps. On 02.07.2004, the complainant filed an application praying to set aside the decree and condone the delay, alleging fraud and forgery committed by the petitioners. That application was rejected on 28.01.2005. Then, the complaint registered as Criminal Case No. 23 of 2005 was filed and the petitioners came to know about it only in January, 2008 when the police came at the place of Petitioner No. 4. It is alleged in the petition that all the dues of the bank were settled and, therefore, nothing remained payable by the petitioners and criminal proceedings were initiated against the petitioners with an ulterior motive for the purp'ose of extortion and harassment. It is also averred that the complainant has already disposed of the land in question and was not required to pay any amount on behalf of the petitioners. In view of these averments and allegations, the petition was entertained and ad interim relief staying further investigation was granted by order dated 20.02.2008.

(3.) AFFIDAVITS of the original complainant and the Assistant Commissioner of Police, Rajkot have been filed and Records and Proceedings of original Criminal Case No. 23 of 2005 have been called for and perused which revealed the shocking state of affairs as under.