Crl. Misc. No. M-18728 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18728 of 2009 DATE OF DECISION: January 14, 2010 Parmod Kumar and others .........PETITIONER(S) VERSUS State of Haryana and another ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Ms. Pooja Satija, Advocate, for the petitioners. Mr. Tarun Aggarwal, Sr. DAG, Haryana. Mr. Puneet Gupta, Advocate, for respondent no. 2. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. quashing FIR No. 40 dated 23.03.2004 under Sections 406/420 IPC, P.S. Murthal District Sonepat and report under Section 173 Cr.P.C. dated 29.08.2004 and all consequential proceedings. Learned counsel for the petitioners contends that the loan amount has already been returned back to Haryana Financial Corporation, respondent no. 2 who is the complainant. The recovery suit instituted by the said respondent has already been withdrawn on payment of the amount. So far as the reply of respondent no. 1 is concerned, it is the admitted fact that Crl. Misc. No. M-18728 of 2009 2 whole of the amount has been repaid to the Haryana Financial Corporation. So far as respondent no. 2 i.e. the complainant is concerned, in their reply, it has been admitted that loan amount stands adjusted under compromise settlement of chronic non-performing assets of Haryana Financial Corporation. Dues have been paid to the corporation. Be that as it may, I find that this is the third petition filed for quashing of the FIR. In one of the cases namely Crl. Misc. No. M-40167 of 2007 disposed of on 30.07.2007, it has been noticed that there are specific allegations to the effect that the hypothecated generator set financed by the corporation was dishonestly removed from the factory premises. Considering the nature of allegations, the FIR and proceedings were not quashed. This petition is dismissed, however, with liberty to the petitioners to take all the pleas before the Trial Court. 14.01.2010 (AJAI LAMBA) shivani JUDGE