C.R. Sarma, J. By this criminal petition, filed under Section 482 of the Code of Criminal Procedure (for short, Cr.P.C.), the petitioner, who is one of the accused persons, in Dispur P.S. Case No. 891/2012, under Sections 120(B)/419/468/420/471 of the Indian Penal Code (for short, IPC), has prayed for quashing the FIR, dated 07.05.2012, which has given rise to the said P.S. case.

(2) The petitioner, along with her husband, namely, Sri Pranab Kumar Sharma, who is also one of the accused persons in the said P.S. case, were the Managing Director and the Director respectively of a Private Limited Company, namely, M/s Landmark Establishment Pvt. Ltd.

The respondent No. 3 i.e. the informant in the said P.S. Case No. 89/2012, as the owner of a plot of land, agreed to offer his said land for development.

(3) The said Company, on 02.12.2003, entered into an agreement with the respondent No. 3, for developing a plot of land, as mentioned in the schedule to the said agreement, for the purpose of construction of multi storied building for commercial and residential purpose, as per the terms and conditions of the said agreement and agreed to provide 18% of the constructed area i.e. flats in the proposed multi storied building to the private respondent i.e. the owner of the said land. It was also agreed that the respondent No. 3, i.e. owner of the land, will extend all necessary cooperation for obtaining loan and financial assistance by the said Company for the purpose of construction of the building in question and in selling the flats in the proposed building.

The said agreement was signed by Sri Pranab Kumar Sharma i.e. husband of the petitioner, in his capacity as Chairman and Managing Director of the said Company as second party to the agreement and the respondent No. 3 as first party in his capacity as owner of the land.

4. On the basis of the said agreement and the subsequent Power of Attorney, executed by the respondent No. 3, the Company aforesaid proceeded with the construction, after obtaining loan of Rs. 1,00,80,000 from the Housing and Urban Development Corporation Ltd. (for short, HUDCO). The loan was obtained on personal guarantee of Sri Pranab Kumar Sharma, Managing Director and the petitioner as Director of the Company. The acceptance letter of the said loan was signed by the petitioner and her said husband.

5. On 26.03.2012 (Vide DRTG-426 dated 28.03.2012), the Registrar of the Debt Recovery Tribunal (for short, DRT), Guwahati, in connection with OA No. 63/2012, filed by the HUDCO, issued summons to M/s Landmark Establishment Pvt. Ltd., Sri Pranab Kumar Sharma, Smti Rita Sharma and Md. Masrur Hussain i.e. the private respondent No. 3, indicating that the applicant had filed an application under Section 19 (3) of the Recovery of Debts due to Bank and Financial Institution Act, 1993 for realization of an amount of Rs. 2,67,19,810, being the loan amount taken by them.

By the said summons, the petitioner and others were summoned to appear and submit show-cause against the prayer of the applicant.

6. After receipt of the said summons, the respondent No. 3 filed the instant FIR, with the Officer-in-Charge, Dispur Police Station, on 07.05.2012. In the said FIR, it has been alleged that, from the summons received in an Application No. 63/2012 (Hudco v. M/s Landmark Establishment Pvt. Ltd.), he came to know that Sri Pranab Kumar Sharma and the petitioner, in collusion with some unscrupulous bank officials, obtained bank loan fraudulently and dishonestly by preparing false documents by forging his signature and impersonating him before the bank authority.

In the said FIR, the informant i.e. the respondent No. 3, who was the owner of the said land, clearly stated that the documents, relating to the loan, were not prepared by him. He further averred that the fact regarding fraudulently obtaining the loan came to his knowledge only after receipt of the said summons in Application No. 63/2012 aforesaid. By filing the said FIR, the informant requ

Click Here to Read the rest of this document