1. This application under Section 482 CrPC has been filed for quashing the FIR dated 30.01.2017 and the proceeding in BI(EO) Case No. 6/2017 under section 120B/120/468 IPC.

2. Learned Sr. Counsel Mr. D. Das, assisted by learned counsel Mr. S. Chamaria for the petitioner and Mr. D. Das, learned Addl. P.P., Assam as well as learned counsel Mr. H. Rahman for the respondents were heard.

3. Learned Sr. Counsel Mr. D. Das submitted that the respondent, proprietor of M/s Steel & Grip, Chabua, availed a cash credit limit (CCL) loan to the tune of Rs. 5.7 lakhs and term loan of Rs. 11.90 lakhs from the United Bank of India, Chabua Branch. Subsequently, the said CCL loan was enhanced from time to time. However, the respondent No. 2 became a defaulter for not making timely repayment of installments against the loan availed by him, and as such the bank filed an O.A. case before the Debt Recovery Tribunal (DRT), Guwahati, which was registered as O.A. No. 74/2012. In the said case, the respondent No. 2 also raised counter claim and the DRT, by judgment and order dated 14.07.2016 allowed the O.A. preferred by the bank and dismissed the counter claim of the respondent No. 2. Against the ju