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2023 Supreme(Chh) 598

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, J.
Dilip Pahade S/o Late Shri W.N. Pahade – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 885 of 2017, CRMP No. 507 of 2018, CRMP No. 1375 of 2020
Decided on : 17-10-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Prafull N. Bharat, Senior Advocate assisted by Mr. P.R. Patankar, Mr. Badruddin Khan, Mr. Prasoon Agrawal and Ms. Aditi Singhvi, Advocate
For the Respondents: Ms. Madhunisha Singh, adv

Headnote:

SARFAESI Act - Quashing of FIR - [SARFAESI Act] - [Section 420/34 of IPC] - [Section 32(2) of the SARFAESI Act, 2002, M.N. Ojha & Others Vs. Alok Kumar Shrivastava, Mrs. Priyanka Shrivastava Vs. State of U.P. & Others]

Fact of the Case:

The case involves petitions filed under Section 482 of CrPC arising from the same Crime No. 33325034170114 registered at Police Station Jamul, District - Durg under Section 420/34 of IPC. The petitions seek to quash the FIR related to a loan default and alleged cheating by bank officials and borrowers.

Finding of the Court:

The court found that the dispute between the parties is civil in nature and no case of cheating has been established. It concluded that the FIR does not disclose the commission of any offence and appears to be a malicious prosecution, thus quashing the FIR against the bank officials and the borrower.

Issues: The main issue was whether the FIR against the bank officials and the borrower disclosed the commission of any offence or if it was a malicious prosecution.

Ratio Decidendi: The court applied the principle that criminal law should not be set in motion to harass individuals needlessly and to wreak personal vengeance. It also emphasized the need for careful scrutiny of allegations before summoning the accused in a criminal case.

Final Decision: The court allowed the petitions to quash the FIR against the bank officials and the borrower, stating that the FIR did not disclose any commission of the offence and appeared to be a malicious prosecution. The consequential proceedings were quashed and set aside.

ORDER :

1. Since all these three petitions filed under Section 482 of CrPC arise out of same Crime No. 33325034170114 registered at Police Station Jamul, District - Durg under Section 420/34 of IPC, they are clubbed and heard together and are being disposed of by this common order.

2. Heard Mr. Prafull N. Bharat, learned Senior Advocate assisted by Mr. P.R. Patankar, learned counsel for the petitioners in CRMP No. 885/2017, respondent Nos. 4 to 11 in CRMP No. 507/2018 and respondent Nos. 5 to 12 in CRMP No. 1375/2018. Also heard Mr. Badruddin Khan, learned counsel for the petitioner in CRMP No. 507/2018 and for respondent No.4 in CRMP No. 1375/2020, Mr. Prasoon Agrawal and Ms. Aditi Singhvi, learned counsel for the petitioner in CRMP No. 1375/2020 and for respondent No. 3 in CRMP Nos. 507/2018 & 1375/2020 and Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the State/respondents.

3. CRMP No. 885 of 2017 and CRMP No. 507 of 2018 has been filed by the petitioners, who are the officers/employees of the State Bank of India and Borrower respectively for quashing of the F.I.R. registered at P.S. Jamul District – Durg (C.G.) bearing Crime No. 33325034170114 on 25.02.2017 U/s 420/34 of IPC lodged by the complainant - Dr. Animesh Shrivastava, who was one of the guarantor whereas CRMP No. 1375 of 2020 has been filed by the petitioner not against any specific order but against the arbitrariness and reckless attitude of the police authorities in not taking any action in respect of the aforesaid FIR registered against the private respondents.

4. Brief facts of the case are that in the year 2009, the complainant/respondent No. 3 Dr. Animesh Shrivastava initially stood as one of the guarantors in relation to the Fund Based Working Capital Cash Credit Limit of Rs. 300.00 lakh initially granted in the year 2009 by State Bank of India (for brevity, also referred to hereinafter as “Bank”) through its industrial estate branch, Bhilai to partnership firm M/s Kanishk Incorporates of which Ram Singh and Bhowmick Singh were partners, for the business requirements of said firm who was engaged at that period in wholesale trading/dealership of Gutkha and Pan Masala, against the primary security of current assets of said firm and mortgage of various properties including property of respondent No. 3 as collateral security and guarantee of the persons as detailed in sanction/arrangement letter dated 25.07.2009. The respondent No.3 along with other persons stood as guarantors and mortgagor to the said cash credit facility of Rs. 300.00 Lakh, which has been availed by said firm from the Bank.

5. In the year 2011, vide Bank’s Sanction dated 14/06/2011 the existing Fund Based Working Capital Cash Credit Limit has been enhanced from Rs. 300.00 Lakh to Rs. 475.00 Lakh to partnership firm M/s Kanishk Incorporates, on the request dated 03/05/2011 as submitted to the Bank for renewal and enhancement of existing Fund Based working Capital Cash Credit Limit against the primary security of current assets of Firm and collateral securities and guarantee as stipulated in Sanction/Arrangement Letter dated 14/06/2011. The respondent No.3 along with other persons stood as guarantors and mortgagor to the said enhanced facility of Rs. 475.00 Lakh, which has been availed by said firm from the Bank.

6. In July 2012, the order was issued by State Government of Chhattisgarh banning on storage, distribution and sale of Pan Masala/Gutka containing tobacco and nicotine. In view of the said ban, the working and activity of the firm was adversely affected, and consequently the firm was engaged started increasing wholesale trading of Gutkha/Pan Masala (without tobacco). Looking to the chain circumstances, the Bank vide its Sanction/Arrangement dated 08.01.2013 communicated its approval/sanction of renewal cum reduction of the then existing Fund Based Working Capital Cash Credit Limit of Rs. 475.00 Lakh to the then outstanding level of Rs.388.00 Lakh with gradual reduction

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