MANJU SRIVASTAVA Vs. HARBAX SINGH GREWAL

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for quashing of Criminal Complaint No.128/2017 dtd. 4/3/2017 titled as Harbax Singh Grewal vs. Ms. Manju Srivastava and others (Annexure P-9) pending before learned Judicial Magistrate Ist Class, Ludhiana and summoning order dtd. 17/1/2018 (Annexure P-10), passed in the above said complaint (Annexure P-9), whereby the petitioners have been summoned under Ss. 465, 467, 468, 471 and 120-B of the Indian Penal Code.

(2.) Petitioner-Manju Srivastava was an Assistant General Manager at Punjab and Sind Bank situated at 6 Scindia House, Connaught Place, New Delhi, whereas, petitioner No.2-Payal Thakur was Senior Manager at Punjab and Sind Bank situated at 6 Scindia House, Connaught Place, New Delhi. The short facts which are required to be considered are that Sarabjit Kaur Gill- sister of the complainant and her husband H.P.S. Gill were carrying on business at Delhi under the name and style of M/s Solace Exports and obtained a credit facilities from Punjab and Sind Bank from its branch at 6 Scindia House, Canaught Palace, New Delhi in the year 1993. The properties of Sarabjit Kaur Gill and H.P.S. Gill were mortgaged with the bank. The facilities were subsequently got changed on 30/11/1998 and some other properties were mortgaged by the partners of the Firm M/s Solace Exports. In the year 2000, M/s Solace Exports again got cash credit limit enhanced on the request of the sister, the complainant and his wife gave the titled deeds of their properties situated at Ludhiana, to the Punjab and Sind Bank, Canaught Palace, New Delhi. Their signatures were also obtained on blank papers and registers. On 30/1/2015 some of the properties of wife of the complainant were released. However, the remaining title deeds were not received. Later on, both the present petitioners filed a petition before the Debt Recovery Tribunal at New Delhi in the year 2016. Complainant alleged that documents of guarantee are forged and do not bear signatures and that both the petitioners have filed a petition before the Debt Recovery Tribunal on the basis of forged and fabricated documents. On the basis of these allegations, after recording the preliminary evidence, impugned summoning order dtd. 17/1/2018 (Annexure P-10) was passed.

(3.) I have heard learned counsel for the parties and carefully gone through the file.