Sheema Ali Khan. J.-Heard Counsel for the petitioner Counsel appearing on behalf of respondent Nos. 3, 4 and 5 and the A.P.P. appearing on behalf of the State.

2. This application has been filed for quashing of the entire First Information Report of Banka Police Station Case No. 535 of 2009 instituted under Sections 406 and 420 of the Indian Penal Code on 24.12.2009.

3. A complaint was filed which was sent to the police for institution of the First Information Report. The prosecution case is that the petitioner applied for a car loan from the State Bank of India. Agriculture Development Branch. Banka (hereinafter referred to as "the Bank"). The petitioner paid the margin money and thereafter a draft was issued by the Bank in favour of M/s A- one Motors, Apparently, the car was not delivered to the petitioner. When the Bank came to learn that the car was not delivered to the petitioner. it sent a notice to the A-one Motors directing them to either to deliver the car to the petitioner or return the draft amount to the Bank In reply to the said notice. it is specifically stated by A-one Motors that the petitioner did not want to purchase the car and that since there was no cover