The court can quash criminal proceedings if the allegations do not make out a case against the accused, as per the guidelines in State of Haryana v. Bhajan Lal.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing the proceeding being F.I.R. No. 331 of 2015 dated 11.07.2015 under Sections 468/471/420/409/120B of the Indian Penal Code, corresponding to G.R. Case No. 1721/2015 pending before the Learned Additional Chief Judicial Magistrate, Kandi, Murshidabad.

2. The petitioner states that the Manager of Allahabad Bank, Siuli Branch, filed a written complaint before the Officer-in-charge of Burwan Police Station stating inter alia that the petitioner and others in connivance with the then Branch Manager of the said Branch namely Uday Kumar Ghosh had availed huge amount of loan with the help of forged land documents which were given as security for sanctioning of those loan amount.

3. On the basis of the said complaint Burwan P.S. Case No. 331 of 2015 dated 11.07.2015 under Sections 468/471/420/409/120B of the Indian Penal Code against the petitioner and others.

4. The petitioner states that on 06.02.2018, the father of the petitioner wrote a letter to the Bank Manager, Allahabad Bank, Siuli Branch stating that a compromise was done between the bank and the petitioner against the loan amount as full and final settlement.

5. That thereafter on 16.02.2018, the said bank vide letter dated 16.02.2018 informed the petitioner that the compromise proposal advanced by the petitioner is under consideration by the appropriate authority of the bank.

6. The petitioner states that on 31.03.2018 the said bank issued a No Dues Certificate dated 31.03.2018 in favour of the petitioner, as the petitioner paid the amount in full.

7. The said Allahabad Bank, Siuli Branch also closed the aforesaid loan account on 31.03.2018, as a result there are no dues of the bank against the captioned loan amount.

8. It is stated that the said case was initiated before the Learned Additional Chief Judicial Magistrate Kandi, Murshidabad and the said case is still pending before the Learned Court and no Charge Sheet has been submitted till date.

9. It is submitted that the dispute has already been settled between the parties. Therefore the said proceeding should be dropped and the FIR should be quashed in view of the no dues certificate.

10. Hence the revision.

11. The written complaint in this case was filed on 11.07.2015 by the then Manager, Allahabad Bank, Siuli Branch stating interalia that:-

“………….. It is revealed from the office records that Sri Uday Kumar Ghosh S/o Late Shyampada Ghosh, resident of 22/1 Taramoni Ghat Road, Kolkata – 700 041 previously posted as (Branch Manager, Allahabad Bank, Siuli Branch) in his official capacity had sanctioned individual KCC loans to be borrowers named below total amounting to Rs. 16,65,000.00 in total. It has been observed that the borrowers have submitted fake land record and case of impersonisation is also visible.

The said borrowers never paid any heed to repay the same of the interest. Now it is revealed that the security documents of immovable properties i.e. land record, etc. Submitted by the aforesaid borrowers towards the bank are forged and those properties. They had taken the loan amount for a wrong full gain with dishonest and fraudulent intention to cheat the bank by creating forged security with the illegal help of Sri Uday Kumar Ghosh the then manager…………….”

“………….. We wish to report another incident of fraud that has taken place in our branch, the details of which are as under.

It is revealed from the office records that Sri Uday Kumar Ghosh (Same person as mentioned above) had also sanctioned individual loans to the borrowers named below total amounting to Rs. 300,00,000.00 in total. All the below named borrowers diverted the loan and therefore all accounts turned NPA and in spite of regular follow up said a borrowers never paid any heed to repay the same or the interest. Now it is revealed through investigation that no units were established through bank fund and full amount has been diverted. They had taken the loan