The complaint arising out of an agreement for a civil wrong and the criminal color put into it by filing the complaint case under the SARFAESI Act can be quashed under section 482 Cr.P.C.

JUDGMENT :

1. This petition has been filed for quashing the order dated 06.04.2018 passed in connection with C/1 Case No.323 of 2015 passed by learned Judicial Magistrate, at Jamshedpur whereby cognizance under sections 409, 418, 420, 199, 477-A of the I.P.C has been taken and the case is pending in the court of learned Judicial Magistrate, Jamshedpur.

2. The O.P.No.2 has filed the complaint case alleging therein which, in brief, is:

3. That the O.P no.2 has filed C/1 Case no.7 of 2014 in the court of learned Chief Judicial Magistrate at Jamshedpur on 02.01.2014 by alleging therein that the complainant and the ICICI Bank authority jointly signed facility agreement on 28.01.2008 wherein ICICI Bank sanctioned a sum of Rs.14,70,000/- only vide file no.7777447273 and terms of repayment of loan was for 240 months (i.e. 20 years) and the ICICI Bank has deducted EMI of Rs.15,174/- per month from the salary account 0089010227071 from the complainant with effect from 10.03.2008. A further allegation has been made that ICICI Bank charged floating rate of interest at the rate of 12.75 % per annum as on the date of facility agreement and also charged interest at the rate of 11% per annum plus applicable interest tax or other statutory levies. He has received offer letter for home loan facility on 27.09.2008 having loan Account No.LBJMR0000169015 from ICICI Bank, Bistupur, Jamshedpur and the terms of repayment of loan amount was for 240 months (i.e. 20 years) and the ICICI Bank has deducted EMI of Rs.15,174/- per month from the salary account no.008901027071 with effect from 10.03.2008 on the facility loan amount sanctioned amounting to Rs.14,70,000/- only and floating rate of interest (FRR) at the rate of 14.25% per annum as on date adjustable interest rate at the rate of 12.5% (i.e. FRR plus/margin of -1.75%) amount of each EMI Rs.15,174/- for 8 months and Rs.16,586 for 232 months. A further allegation has been made that ICICI Bank has disbursed home loan for a sum of Rs.12,70,000/- only as per sanction letter and cumulative amount for a sum of Rs.12,68,348/- only and the ICICI Bank has disbursed a cheque no.200908 dated 31.01.2008 in favour of the M/s Kumar Construction and after receipt of the aid amount from ICICI Bank M/s Kumar Construction has granted money receipt in favour of the applicant vide money receipt no.786 dated 05.02.2008 and the said money receipt was collected by the ICICI Bank and sent Xerox copy of the receipt to the complainant. It has been further stated that ICICI bank has also disbursed a sum of Rs.70,000/- only for Home Assurance Policy, Rs.59,969/- excluding service tax and education cess Rs.7,412/- total Home loan assurance policy Rs.67,381/- and health assurance premium of Rs.2,619/- vide cheque no.2000909 dated 31.01.2008 in favour of ICICI Bank Prudential Life Insurance Policy, Bistupur, Jamshedpur and ICICI Prudential Life Insurance company has granted vide Master Policy no.M02 Life Cover Commencement dated 06.02.2008, Life Coverage Term 240 months (20 years), Home loan interest rate at the rate of 11% per annum (i.e. FRR plus/ margin of -1.75%) plus applicable interest tax or other statutory levies as on the date of Home Assured/Health Assured proposal form in favour of the applicant. It has been further submitted that total loan amount sanctioned by the ICICI Bank is Rs.12,70,000/- on 31.01.2008 after TDS deduction amount of Rs.1,652/- and total cumulative disbursement amount sanctioned by ICICI Bank is Rs.12,68,348/- only. It has been further alleged that ICICI bank deposited a sum of Rs.1 lakh only decreased and increased as per account statement in the loan account on 26.06.2008 vide cheque no.201185 whereas the photocopy of cheque no.201185 shows that the cheque was issued by the ICICI Bank on 30.06.2008 in favour of M/s Kumar Construction against disbursal request but, no money receipt has been forwarded by the ICICI bank or by M/s Kumar Construction and Xerox copy of the cheque which was produced by