Allowed

Amarjit Singh and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC2 Nov 2012CRM-M/23913/2010

Case brief

AI extract

What is this about?

This criminal miscellaneous petition filed under Section 482 CrPC sought quashing of an FIR under Sections 420 and 120-B IPC. The disclosure of a dishonored loan regarding the sale of a property was central. The court allowed the petition and quashed the proceedings.

What did the court decide?

FIR No. 118 dated 22.6.2010 and all consequential proceedings, under Sections 420, 120-B IPC, are quashed.

Amarjit Singh and Anr. Vs State of… — Contract and Commercial Disputes | Punjab & Haryana HC (2012)

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Crl. Misc. No. M-23913 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-23913 of 2010 (O&M) Date of Decision: 02.11.2012.

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Amarjit Singh and another

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........Petitioners

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Vs.

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State of Punjab and others ......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Anjal Sharma, Advocate for Mr. D.D.Sharma, Advocate for the petitioners.

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Mr. K.D.S.Sidhu, Addl. A.G., Punjab.

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Mr. C.B.Goel, Advocate for respondents No. 2 and 3.

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SABINA, J.

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Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 118 dated 22.6.2010, under Section 420, 120-B of the Indian Penal Code (' IPC ' for short) registered at Police Station Salem Tabri, District Ludhiana and all the subsequent proceedings arising therefrom.

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Prosecution story, in brief, is that Manjit Kaur was owner in possession of the property measuring 120 square yards bearing khasra No. 42//21, 42//11, 42//20, situated in village Jassian. Manjit Kaur sold the said property to her husband Santokh Raj vide sale deed dated 21.11.2002. Thereafter, Santokh Raj took housing loan from State Bank of India against the said sale deed. Santokh Raj sold the property to petitioner No.1 Amarjit Singh vide sale deed dated 14.10.2003. Petitioner No.1 Amarjit Singh took housing loan from State Bank of Patiala,

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Crl. Misc. No. M-23913 of 2010 (O&M)

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Miller Ganj Branch, Ludhiana to the tune of 6,00,000/- on 20.10.2003 in his name as well as his wife. The original sale deed/title deed was deposited by the petitioners with the bank. The factum of loan taken by Santokh Raj from State Bank of India was not disclosed by the petitioners. Petitioner No.1 again sold the property back to Santokh Raj vide sale deed dated 23.4.2004. Thereafter, Santokh Raj again took a housing loan from respondent No.3 to the tune of 3,60,000/- on 20.8.2004.

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Learned counsel for the petitioners has submitted that petitioner No.1 had purchased the plot in question from Santokh Raj vide sale deed dated 21.11.2002. Thereafter, petitioner No.1 took loan from respondent No.3 to the tune of ` 6,00,000/- on 20.10.2003. Later on petitioners came to know that Santokh Raj had already taken loan with regard to the property in question from State Bank of India. Thereafter petitioner No.1 resold the plot in question to Santokh Raj and also repaid the loan taken by him from respondent No.3. In this regard, reliance has been placed on Annexure P-1, certificate issued by respondent No.3.

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During the course of arguments, correctness of the certificate (Anneuxre P-1) has not been disputed by the counsel for respondents No. 2 and 3. Thus, the petitioners have already repaid the housing loan taken by them from respondent No.3. Thus, the bank cannot be said to have any grievance left qua the petitioners. In these circumstances, continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of law.

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Accordingly, this petition is allowed. FIR No. 118

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Crl. Misc. No. M-23913 of 2010 (O&M) -3 -

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dated 22.6.2010, under Section 420, 120-B IPC, registered at Police Station Salem Tabri, District Ludhiana and all the consequential proceedings, arising therefrom, qua the petitioners, are quashed.

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(SABINA) JUDGE

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November 02, 2012 Gurpreet

Amarjit Singh and Anr. v. State of Punjab and Ors.

Case brief

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Amarjit Singh and Anr. v. State of Punjab and Ors.

Case brief

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