Court No. - 69
Case :- APPLICATION U/S 482 No. - 36216 of 2010 Applicant :- Smt. Nirmala Jain And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- Govt.Advocate
Hon'ble Vivek Kumar Singh,J.
1. Heard Sri Vikrant Rana, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State.
2. The present application under section 482 Cr.P.C. has been moved for quashing the entire criminal proceedings of Case No.589 of 2009 (State vs. Pramod Kumar Jain and another) pending in the court of Vth Additional Chief Judicial Magistrate, Ghaziabad initiated in pursuance of the charge sheet bearing no.40 of 2007 submitted by the police under section 406 IPC in Case Crime No.207 of 2006 relating to police station Modinagar, District Ghaziabad.
3. The facts of the case are that one M/s Ormi Textiles, which was a partnership firm established in the year 1973 at village Kadrabad, P.O. Govindpuri, Meerut Road, Modinagar, District Ghaziabad. The said firm through its partners applied for financial assistance to set up unit for manufacturing of heavy canvas clothe to U.P. Financial Corporation. The aforesaid firm was a partnership firm and the applicants and two other persons namely Shri Ramchandra Das Jain and Smt. Urmila Jain were the partners in the aforesaid firm. The corporation sanctioned loan of Rs.8,45,000/- out of which only Rs.7,84,800/- was disbursed in the year 1974, 1977 and 1979 successively. At the time of taking loan the unit was mortgaged with the corporation against the security of loan amount and a mortgaged deed was also executed between the firm and corporation. Thereafter, the firm started the production, however, on account of unavoidable circumstances and labour unrest in Modinagar Industrial Belt, the firm could not adhere to the payment scheduled and the firm started incurring losses in the business. It is stated that the partners of the firm had to stop the production and on 2.10.1994 firm was declared sick unit by the General Manager, District Industries Centre, Ghaziabad. Despite of the fact that the firm has been declared sick, the partners of the firm tried their level best to make payment of Rs.19.19 lac till the year 2000. Thereafter on 19.8.2000 the State Government has referred the matter of the firm for rehabilitation to the Ministry of Finance vide letter No.LKRPCD/7.1.2001/2000-2001. Thereafter, the Secretary, Small Scale Industries also made several request to the Ministry of Finance to take up the matter of the firm with Syndicate Bank on priority basis under intimation to the State Government so that the firm could receive true spirit of rehabilitation. It is stated that this fact was also in the knowledge of the corporation, however, by ignoring this fact the corporation proceeded under Section 29 of State Financial Corporation Act against the firm and issued a notice to the firm on 28.12.2005. From bare perusal of the aforesaid notice it is evident that only Rs.3,71,000/- was outstanding against against the Principal and rest amount was the interest till 20.12.2005.
4. The applicant no.2 has challenged the proceedings initiated under Sections 29 of the State Financial Corporation Act before this Hon'ble Court by filling Civil Misc. Writ Petition No.6703 of 2006 in which vide order dated 2.2.2006 conditional protection was granted to the applicants. It is further submitted that due to financial crises the amount as directed by this Court could not be deposited by the applicant no.2 and corporation proceeded under Section 29 of the Act. The corporation took over the physical possession of the firm on 20.5.2006 and also prepared the possession memo of the same. As the protest made by the applicant no.2 the opposite party no.2 and his colleagues have threatened the applicant no.2 that now they have the possession of the unit and if he continue to protest then he will have to face dire consequences.
5. In order to harass and embarrass the applicants on 30.5.2006 the opposite party no.2 had lodged the F.I.R. against the applicants as Case Crime No.207 of 2006, under Section 420 I.P.C., P.S. Modinagar, District Ghziabad alleging therein that the applicants have violated the conditions of the contract and when the office bearers of the corporation took over the possession of the unit machines were found missing. Moreover it is evident from from the possession memo that the machines were found intact and no machine was removed as alleged in the F.I.R. Thereafter, the corporation published an advertisement on 6.6.2006 in Amar Ujala newspaper for selling the land unit, the said advertisement was challenged by the applicant before this Court by filing Civil Misc. Writ Petition No.31343 of 2006 which was dismissed by another Bench of this Court vide order dated 2.6.2006. Against the order dated 2.6.2006 the applicants have approached the Apex Court by filing Civil Appeal No.3054 of 2008 which was allowed.
6. Learned counsel for the applicants has drawn the attention of this Court towards supplementary affidavit dated 29.10.2017 wherein it has been stated that all the dues which were outstanding on the applicants have been paid over and copies of the payment receipt and No Dues Certificate dated 1.8.2017 (annexure-SA-1) evidencing the fact that the applicants have paid full one time settlement amount and there is no outstanding on the applicants, the said fact has been mentioned in paragraph nos.4 of the supplementary affidavit dated 29.10.2017.
7. It is specifically stated here that in the instant matter the entire amount alongwith the interest as required vide one time settlement approval letter has been paid to the UPFC, however the title deed of the property in question remain in possession of the UPFC and same has not been returned to the applicants on account of pendency of the present case, the said fact has been mentioned in paragraph no.5 of the supplementary affidavit dated 29.10.2017.
8. Since 'one time settlement' has arrived at between the parties (reference annexure-SA-1 to the supplementary affidavit dated 29.10.2017) and entire amount alongwith interest has been paid over to the opposite party no.2 by the applicants to the opposite party no.2 pursuant to which 'No Objection Certificate' has also been issued to the applicants, therefore, the proceedings of the present case cannot be allowed to go on any further.
9. In this view of the matter that the 'one time settlement' has arrived at between the parties pursuant to which 'No Objection Certificate' has also been issued to the applicants the proceedings of the aforesaid case are liable to be quashed / set-aside.
10. Accordingly, the application is allowed and the proceedings of Case No.589 of 2009 (State vs. Pramod Kumar Jain and another) pending in the court of Vth Additional Chief Judicial Magistrate, Ghaziabad initiated in pursuance of the charge sheet bearing no.40 of 2007 submitted by the police under section 406 IPC in Case Crime No.207 of 2006 relating to police station Modinagar, District Ghaziabad, against the applicant are quashed.
Order Date :- 26.4.2019 Dev/-