ANU JOSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this petition, the petitionr has prayed for quashment of criminal complaint titled as "Pala Ram v. Sher Singh and others" (Annexure P-1) filed by respondent No. 2, which is pending in the Court of Chief Judicial Magistrate, Karnal and summoning order dated 14.3.2005 (Annexure P-2) passed by the learned Chief Judicial Magistrate, Karnal, whereby the present petitioner and others have been summoned under Sections 420/467/468/470/471 and 120-B of the Indian Penal Code.

(2.) ADUMBRATED facts of the case are that respondent No. 2 Pala Ram advanced a loan of Rs. 3,78,000/- from the UTI Bank for the purchase of a tractor and implements, after mortgaging his land with the said bank as a collateral security. Respondent No. 2 furnished an affidavit duly sworn in by him that he is owner in possession of the land measuring 24 kanals 4 marlas situated in village Agondh, tehsil and district Karnal as per jamabandi for the year 1999-2000. On the basis of the documents furnished by respondent No. 2, the aforesaid Bank sanctioned a loan to the tune of Rs. 3,78,000/- in his favour, which was to be repaid in 12 half yearly instalments at the rate of Rs. 31,500/- along with interest due each on half yearly reducing basis. Respondent No. 2 duly executed a demand promissory note dated 22.7.2003 in favour of the said bank, a copy of which is annexed with the petition as Annexure P-3. Respondent No. 2 purchased a tractor make 'Swaraj' 855 from JCBL Auto Private Limited, Karnal. The Bank issued a bank draft for a sum of Rs. 3,07,890/-, being the price of the tractor, in favour of the aforesaid company. Respondent No. 2 got the tractor in question registered with the Registering Authority, a copy of which is annexed with the petition as Annexure P-4. He also got the tractor insured with the Oriental Insurance Company, a copy of which is annexed with the petition as Annexure P-5. In addition to this, respondent No. 2 purchased implements for a sum of Rs. 85,000/- from Dhillon Tractors and Implements, Nissing, district Karnal and the aforesaid Bank made the payment thereof vide pay order No. 4583 dated 21.8.2003 for a sum of Rs. 70,110/-. It has been averred in the petition that respondent No. 2 even failed to pay his first instalment of the loan amount to the said bank, which became due on 1.2.2004. Finding no other alternative, the bank was constrained to serve a legal notice dated 3.7.2004 through its counsel upon respondent No. 2 and his guarantors, a copy of which is annexed with the petition as Annexure P-8. It has been further averred in the petition that respondent No. 2, instead of repaying the instalments of the loan amount, filed a criminal complaint dated 19.10.2004, Annexure P-1, before the Court of learned Chief Judicial Magistrate, Karnal, levelling allegations against the bank authorities. On the basis of the complaint filed by respondent No. 2 and the preliminary evidence recorded by the learned trial Court, accused persons (mentioned in the complaint) were summoned under the various sections of the Indian Penal Code. Hence, this petition.

(3.) I have heard the learned counsel for the parties and gone through the record of the case.