Nirmaljit Kaur, J. - (1.) ALL these petitions are being disposed of by one common order as the issue involved is identical. However, for facility of reference, facts are being taken from CRM M 33908 of 2008.
(2.) THE Petitioners are the loanee of LIC HFL - Respondent No. 2 and applied loan for an amount of Rs. 3,00,000/ - before the LIC HFL Limited i.e. Respondent No. 2 on 02.12.1998. The above said loan amount was sanctioned on 16.12.1998 by Respondent No. 2 to the tune of Rs. 2,00,000/ - and it was agreed that the Petitioner shall pay additional interest @ 3% per annum in case of non -payment of any installment as per the agreed terms and conditions which was to be repaid within 10 years in equal monthly monthly installment of Rs. 3500/ -. As per the terms and conditions of the LIC HFL, the Petitioners were paying the installments of loan regularly, but due to sudden weak financial position, they were unable to pay further loan installments to Respondent No. 2. In this regard, the Petitioners had also submitted a representation dated 13.08.1999 for the extension of one month time to repay the loan amount. However, the Manager, LIC HFL got registered FIR No. 305 dated 25.08.2001 under Section 420, 467, 468, 471 of Indian Penal Code at Police Station Division No. 5 Ludhiana against the Petitioners. The officers of Respondent No. 2 in their official capacity took possession of the mortgaged property of the loanee/Petitioners on 09.02.2005. The Petitioners challenged the above said act of Respondent No. 2 vide CWP No. 2835 of 2005 for issuance of directions to the Respondents to accept amount of Rs. 2,00,000/ - and release the Petitioners' residential house. The above said writ petition was disposed of by this High Court vide order dated 15.12.2005. Meanwhile, the entire loan amount has already been paid by the Petitioners. In this regard, no due certificate dated 17.11.2006 has also been issued to the Petitioners.
(3.) WHILE praying for quashing of the FIR, learned Counsel for the Petitioner submitted that it is a civil dispute and a colour of criminal proceedings has been given. It is further stated that challan has been filed only against the Petitioner. Whereas, Happy Goyal and Parveen Goyal, who alleged to have fabricated the documents have not been challaned. As such, the offence under Section 420, 467, 468, 471 of Indian Penal Code cannot be said to be made out against the present Petitioners.;