SUBHA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal miscellaneous petition has been preferred by the petitioner for quashing FIR No. 442/2022 lodged at Rs.Nohar, District Hanumangarh for the offences under Ss. 420, 467, 468, 471 and 120-B IPC and investigation pursuant thereto.

(2.) As per prosecution, the complainant lodged an FIR dtd. 8/9/2022 before PS Nohar stating inter alia that the complainant is a literate person, running a simple business. In December, 2012 the accused-petitioner No. 1, who is a distant relative of the complainant, visited the house of the complainant. The accused-petitioner asked the complainant as to how his business was doing, to which the complainant replied that his business is running as per his invested capital. Upon which, the accused-petitioner No. 1 lured the complainant by telling him that in Haryana, if small businessmen wants to expand their businesses, they take loan from banks and no interest is charged on these loans. The accused petitioner No. 1 asked the. complainant to supply copies of identity documents and a photo clicked in front of his shop, in order to fill the application for interest free loan. The accused petitioner No. 1 further told the complainant to come to Sirsa, Haryana after 3-4 days, so as to facilitate opening of a bank account in his name. After 3-4 days, the complainant went to Sirsa where the accused- petitioner No. 1 took him to a bank and got the complainant to sign some documents and also got cheque books issued from the bank. The accused-petitioner No. 1 also got signatures of the complainant on cheque leaves of the cheque book so issued, blank documents and stamp papers and kept the same with him, while assuring the complainant that the loan will be sanctioned in his favour shortly and he will be intimated about the same.

(3.) After 4-5 months, the complainant inquired about the loan and he was told by the accused-petitioner No. 1 that first installment of the loan will be disbursed shortly and thereafter, for two years, quarterly installments will be disbursed to him but first, he has to visit Gurgaon in relation to loan. The complainant then visited the office situated in Gurgaon, where he was asked to sign some documents and was also told that the first installment of the loan to the tune of Rs.25,000.00 will be disbursed shortly and quarterly-installments for two years will be disbursed thereafter. The complainant did not receive any of the installment for 12 months whereupon, he inquired about the same from accused-petitioner No. 1, who informed that the loan application had been rejected and whenever a new scheme is launched, he will, help the complainant in securing loan.