High Court bench refused to quash an FIR alleging vehicle loan fraud despite the petitioners regularly repaying the loan, holding the allegations constitute a cognizable offence.
Writ petition for quashing of FIR is dismissed.
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Neutral Citation No. - 2023:AHC:144288-DB
Reserved on 14.07.2023 Delivered on 20.07.2023
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 10822 of 2023
Petitioner :- Dharmesh Agrawal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 29.11.2022 giving rise to Case Crime No.1184 of 2022, under Sections 420, 467, 468, 323, 504 I.P.C., Police Station- Quarsi, District- Aligarh.
The submission of learned counsel for the petitioners is that no offence, alleged in the impugned FIR, is made out from the allegations made therein. The first information report has been lodged by a loan broker and not by the Bank which has disbursed the loan. The loan availed by the petitioners from Yes Bank is being repaid regularly and, therefore, the first information report is liable to be quashed.
The crux of the allegations in the impugned first information report is that the petitioners availed a loan from Yes Bank for purchase of a Creta car No. UP86W8166. They have got the vehicle registered in their names without any endorsement of the loan and this has been done in connivance with the officials of the Regional Transport Office.
The certificate of registration of the vehicle in question has been filed on record. It does not mention the loan availed by the petitioners for purchase of this vehicle. The factum of loan is admitted by learned counsel for the petitioners when he has submitted that the loan is being repaid regularly.
Normally, when a vehicle is purchased after obtaining a loan,
the same is endorsed on the registration certificate issued. No such endorsement is to be seen on the registration certificate and, therefore, the allegations in the first information report constitute a cognizable offence.
For the same reason, no interference is called for. The writ petition is without merit and is dismissed.
Order Date :- 20.7.2023 Aditya Tripathi
Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the FIR alleging loan fraud and evasion of registration endorsement can be quashed;
Dharmesh Agrawal And Another
State Of U.P.
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
