- (1.) Order dated 4.3.2016 notices the gist of the issue raised by the petitioner. Order dated 4.3.2016 reads as under :- 1. This petition seeks issuance of a writ in the nature of certiorari quashing F.I.R./ Case Crime No.230 of 2014, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Vikas Nagar, District Lucknow. 2. Gist of the allegation against the petitioner is that so as to take loan for a house, the petitioner submitted forged sale deed/ documents to the bank as security. 3. Contention of learned counsel for the petitioner is that the allegations are without any relevant basis. The entire loan amount was repaid. No Dues Certificate has already been issued vide Annexure No.2 dated 8.5.2014. The documents submitted with the bank have already been returned. Thereafter on 4.8.2015, impugned criminal proceedings have been initiated. 4. We hereby issue notice to respondent no.3, returnable on 6.4.2016, to file his affidavit, including in context of contention of the learned counsel, noted above. 5. Investigating officer shall file his affidavit after verifying the document Annexure No.3 from Sub Registrar office. The investigating officer shall also conduct an inquiry as to whether Annexure No.3 is the document that was submitted as security to the bank. 6. List this case on 6.4.2016. 7. Arrest of the petitioner shall remain stayed till the next date of listing. Petitioner shall join investigation. 8. Petitioner shall furnish all the documents to the investigating officer, by way of Registered A.D. Post."
(2.) Contention of the learned counsel for the petitioner is that he has repaid the loan. No Dues Certificate has already been issued by the respondent no.4/the Bank, as is evident from Annexure No.2. The respondent-complainant Syndicate Bank has returned the papers to the petitioner. Thereafter, impugned criminal proceedings have been initiated. The proceedings be quashed.
(3.) This court vide above extracted order directed the investigating officer to verify document, Annexure No.3 i.e. the Sale Deed which had been pledged with the Bank for obtaining loan, from the Sub Registrar concerned.;