Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2872 of 2021 Petitioner :- Ashwani Kumar Gambhir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Tripathi Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondents no.1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 10.3.2021 registered as Case Crime No.0048 of 2021, under Sections 420, 406, 467, 468, 471, 120-B, I.P.C., Police Station- Kotwali, District- Kanpur Nagar with further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in the present case. Neither the petitioners have submitted any forged document in the bank nor committed the alleged offence. Loan of Rs.32,28,804/- was taken by the petitioner no.2 from the bank and the petitioner no.1 is guarantor. Petitioner No.1 and petitioner no.2 are husband and wife. The petitioners have deposited Rs.1,50,000/- against the bank loan, but due to loss in business they could not deposit the balance amount, hence, impugned FIR has been lodged against the petitioners.
Learned A.G.A. opposed the prayer for quashing the first information report and submits that loan was taken by the petitioner in the year 2013. Except Rs.1,50,000/- no other amount has been deposited by the petitioners within seven years. After verification the documents, which have been submitted for taking loan, was found forged and fake. From the allegations made in the impugned first information report prima facie cognizable offence is made out, therefore, the impugned FIR is not liable to be quashed.
Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, we find that the allegations disclose commission of cognizable offences, therefore, the prayer of the petitioners to quash the impugned First Information Report cannot be accepted and is, hereby, refused.
The petition is dismissed.
Order Date :- 6.4.2021 T. Sinha