1. The petitioners in Crl.P. No.8207/2013 were arrayed as Accused Nos. 1 to 4 and 7 respectively wherein the petitioners in Crl.P. No, 100106/2014 are arrayed as Accused Nos.5 and 6 in C.C. No.2854/2013 on the file of the JMFC II Court at Hubli. The petitioners have sought for quashing of the entire proceedings in the said C.C. No.2854/2013 wherein the learned Magistrate has taken cognizance against them for the offences under Sections 120 (B), 204, 420, 465, 468, 471 r/w 34 of I.P.C.

2. The brief factual matrix which are undisputed between the parties are that, the respondent No.1 herein is the person who has taken loan from the Vijaya Bank at Broadway Branch, Hubli in the year 1979 and 1981. In order to recover the loan due amount, the Bank has filed suits in O.S. No.38/ 1985 and 23 3/ 1986. The said suits came to be decreed vide decree dated 22.07.1994 for recovery of the suit claims along with 12% interest. It is also undisputed fact that the final decree proceedings were initiated before the Civil Court. After the constitution of the Debt Recovery Tribunal (DRT), the said final decree proceedings were transferred to the D.R.T. in the year 1999-2001. It is also not disp