MOHINDER JAIN AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners, Mohinder Jain and Vakil Jain both sons of Bhagat Ram Mahajan, have filed this petition under Section 482 of the Criminal Procedure Code (hereinafter referred to as 'the Code'), invoking the inherent jurisdiction of this Court for quashing FIR No. 50 dated 11.2.2010 registered at Police Station Narwana City, under Sections 420, 419, 406, 467 and 471 IPC. According to them, they are partners in Mahindra Tractor Agency being run under the name and style of Ajay Trading Company, Patiala Road, Narwana. For running their business they availed loan facilities from the complaint-bank/respondent No. 2, including cash credit facility. By way of security, they mortgaged their three properties and also hypothecated their stock. The value of those mortgaged properties and hypothecated stock is much more than the loan amount. The bank has concealed the factum of two of the said properties and hypothecated stock while lodging the FIR. The FIR is patently malafide and abuse of process of criminal justice system. The same has been got registered with an intention of harming their image.

(2.) For proper appreciation of the matter, relevant portion of the FIR is reproduced below:

(3.) Counsel for the petitioners cited judgment in Indian Oil Corporation v. NEPC India Ltd. and Ors., 2006 6 SCC 736 and submitted that the dispute between the parties is of civil nature and in order to pressurize the petitioners to re-pay the loan, the present FIR has been got registered with a malafide intention. Such misuse of criminal procedure cannot be permitted and the FIR is liable to be quashed on that ground.