- (1.) Vide this order the above mentioned two petitions, filed under Section 482 of the Code of Criminal Procedure, 1973, would be disposed of as the petitioners in both the petitions have challenged FIR No.477 dated 23.10.2008 (Annexure P-1), under Sections 406, 420, 120-B of the Indian Penal Code, 1860 , registered at Police Station City Yamuna Nagar District Yamuna Nagar.
(2.) Prosecution story, in brief, is that the petitioners had applied for loan to the bank for purchase of car. The petitioners, however, failed to repay the instalments. Hence, the FIR in question was lodged against the petitioners and their co-accused.
(3.) The relevant portion of the FIR pertaining to the petitioners read as under:- " 5. That the accused No.6 applied for advancing a new car loan for the purchase of a new car of model Ford Icon from accused No.1, an amount of ' 3,30,000/- with the previous manager of the bank and the previous Manager demanded the relevant documents from the accused No.6 which were required for advancing the loan such as resident proof and proof of income and guarantor, for sanctioning the car loan and quotation from the dealer of cars. That accordingly the accused No.6 submitted ITR, ration card, election card, pan card copy along with the loan application and quotation issued by accused No.1 and the accused No.17 stood guarantor and all the accused signed the requisite papers and completed the formalities and after completion of all the formalities the previous bank manager advanced loan to the accused No.6 for the purchase of new Ford Icon on 30.10.2007. It is pertinent to mention here that as per banking procedure the amount was paid to accused No.1 vide banker cheque No. 768471 dated 1.11.2007 on the instructions of accused No.6. The then bank manager did not doubt the integrity of the accused/s as he was not aware about the dishonest and malafide intentions of the accused/s which was in their mind from the very beginning. 7. That the accused No.8 applied for advancing a new car loan for the purchase of a new car of model Ford Fiesta from accused No.1, an amount of ' 6,90,000/- with the previous manager of the bank and the previous Manager demanded the relevant documents from the accused No.8 which were required for advancing the loan such as resident proof and proof of income and guarantor, for sanctioning the car loan and quotation from the dealer of cars. That accordingly the accused No.8 submitted ITR, ration card, election card, pan card copy along with the loan application and quotation issued by accused No.1 and the accused No.19 stood guarantor and all the accused signed the requisite papers and completed the formalities and after completion of all the formalities the previous bank manager advanced loan to the accused No.8 for the purchase of new Ford Fiesta on 28.11.2007. It is pertinent to mention here that as per banking procedure the amount was paid to accused No.1 vide banker cheque No. 768496 dated 30.11.2007 on the instructions of accused No.8. The then bank manager did not doubt the integrity of the accused/s as he was not aware about the dishonest and malafide intentions of the accused/s which was in their mind from the very beginning. 13. That all the accused persons were the members of the same racket who were involved in cheating and defrauding the bank. The firm namely Kanav Motors (accused No.1) deposited the cheques in their account in Bank of Maharashtra having its business place opposite Telephone exchange, Jagadhri Railway Road, Yamuna Nagar and the Bank of Maharashtra after receiving the said cheques issued by the bank of the complainant and accordingly the above said amount was transferred to the Bank of Maharashtra for credit to the bank of accused No.1. 14. That upon that time everything remained all right without any foul smell because upto that time the applicant was not aware that great fraud and forgery and cheating has been committed by all the accused persons who were running this whole racket. 15. That the amount of loan was to be paid in monthly instalments but the accused No.2 to 22 did not pay the monthly instalments for several months and as per law the monthly instalments should be paid every month and when this fact of non payment of monthly instalments came to the knowledge of the present complainant, the present complainant being manager of the bank who has taken the charge of the bank recently suspected foul play in the loan cases of the accused persons as nothing was paid by the accused persons for six months after purchasing the above said vehicles except for a small amounts in the accounts of accused No.2, 3, 7 and 13. 16. That thereafter, the complainant bank served demand notices on accused No.2 to 22 to pay all the due instalments within 7 days from the receipt of the notice. In spite of the notices all the accused did not choose to make any payment except for a small amount in the account of accused No.13. 17. That accused No.6 and 12 got issued replies with all false allegations and averments. The complainant bank was stunned and astonished to observe the replies in which it was replied by the counsel for the accused No.6 and 12 that they had only applied for loan and submitted the requisite forms and completed and singed the formalities of loan but later on no loan was advanced to them. As a matter of fact the assertion made by the counsel of the accused are totally false, baseless and concocted. 18. That thereafter the complainant bank became alert and opened all the car loan files in which the banker cheques were issued in the name of Kanav Motors, Jagadhri (accused No.1) and it came to light that there was no firm in the name of Kanav Motors dealing in the sale of Ford cars. It further came to light that there is only one dealer of Ford cars namely Kanav Motors Pvt. Ltd. with its head office at Karnal and a branch office at Jagadhari and the accused No.1 has no relations with the said Kanav Motors Pvt. Ltd. It also came to light that accused No.5 and 23 to 25 have not sold any vehicles. Thus, all the above said accused persons by hatching a criminal conspiracy, submitted forged and fictitious documents, made misrepresentations, misappropriated the loan amounts and have defrauded, cheated, committed forgery, misrepresentation to the bank and have caused huge financial loss to the bank.";