management of the bank had disclosed about the document of the deed of sale dated 02.03.2002 and the loan was taken by keeping the informant as a guarantor as well as the partner of the petitioner. Allegations have been levelled that although, the original documents, receipt, Mutation, rent receipt etc. of the mortgaged land is with the informant, but the petitioner by preparing forged and fabricated document had taken loan of Rs. 35 lacs. Investigation resulted in submission of charge-sheet which thereafter led to taking of cognizance by the learned Judicial Magistrate 1st class, Jamshedpur for the offence punishable under Sections 467/468/469/471/504/506/120(B) of I.P.C. An interlocutory application being I. A. No. 6851 of 2018 has been preferred by both the parties from which it appears that the matter has been compromised and in fact the original document of the land belonging to the opposite party no. 2 which was deposited in the Oriental Bank of Commerce, SSI Branch, Adityapur has been released by the bank as the petitioner has mortgaged another property against the said loan account. The dispute which arose by taking a loan of Rs. 35 lacs seems to have been settled in view of the release of the original document in favour of the informant and of mortgaging another land by the petitioner replacing the earlier mortgaged property which belongs to the informant. The opposite party no. 2 therefore does not have any grievance against the petitioner and considering the aforesaid fact, this court comes to a conclusion that continuation of the criminal proceeding as against the petitioner would be an abuse of the process of court and would be a futile exercise.
