1. Heard the learned advocates appearing for the parties.
2. In this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (for short 'the Code'), it is prayed to quash and set aside FIR being CR No.I-1010 of 2004 registered with Navrangpura Police Station, Ahmedabad and charge-sheet filed in connection therewith as well as consequential proceedings initiated accordingly.
2.1 In reply to the submissions made by learned advocate for the petitioners that the amount in question is now no more due. The Manager of the Mehsana Urban Co-operative Bank Ltd., Mehsana, Gujarat - respondent No.2 has filed affidavit and in Para.3 and 4, it is stated as under :
"3. I state and submit that, petitioners were advanced loan by the respondent bank through loan account no.50/18/02, whereas, the said loan account has been settled between respondent bank and the petitioners, wherein, respondent bank's board of director has approved the application of issuing 'no due certificate' in favour of petitioners in regards to said loan account has been accepted and accordingly in the meeting held by board of directors on 22.2.2010 a resolution no.218 had been passed approving the same. Subsequently, general manager of respondent bank from head office which is at Mehsana, has issued 'no due certificate' dated 21.9.2011 (at Annexure-I, Page-42) was issued in favour of petitioners discharging from their liabilities towards bank in regards to the said loan account.
4. In view of the aforesaid facts and instructions given to me by the respondent bank, I state that, respondent bank has no further dues pending to be recovered from petitioners as the said loan account has been paid off. Therefore, at present no further recovery is pending against the petitioners."
3. Considering the above aspects and now, no due certificate is issued by the respondent Bank in favour of petitioner pertaining to loan account in question and subject matter of the petition, to avoid further hardships and rigor of trial to the petitioner, I am inclined to exercise the powers under Section 482 of the Code and accordingly, the impugned FIR, charge-sheet and proceedings initiated therefrom are hereby quashed and set aside qua the petitioners. This petition is allowed accordingly. No order as to costs. Direct service is permitted.
(ANANT S. DAVE, J.) (vipul) Top