Crl. Misc. No. M-18747 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-18747 of 2009 (O&M) Date of decision: 20.7.2009 Nirbhai Singh .. Petitioner v. State of Punjab and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Gulzar Mohammad, Advocate for the petitioner. .. Rajesh Bindal J. Prayer in the present petition is for quashing of FIR No. 171 dated 10.10.1997, under Sections 406/417/418/420/467/468/470/34/120-B IPC, registered against the petitioner at Police Station, City Khanna. Briefly, the facts are the respondent No. 2 got an FIR registered against the petitioner with the allegations that the petitioner applied for loan for a sum of Rs. 5,00,000/- to set an Auto Part manufacturing unit. The loan was sanctioned. Some machinery was proposed to be purchased by the petitioner. Respondent No.2 received letter from guarantor-Smt. Jarnail Kaur that the petitioner had not installed any machinery and the firm was bogus. The petitioner fraudulently represented the bank. The amount was encashed by the petitioner in connivance with other co-accused. On physical verification of the site, it was revealed that no machinery had been purchased which was financed by respondent No. 2. The petitioner also forged the quotations, bills and vouchers in order to avail the loan facility. Learned counsel for the petitioner submitted that the petitioner has already settled the matter with respondent No. 2 as the entire loan amount along with upto date interest has already been paid. Once that is so, no dispute remains pending with respondent No. 2 and the present FIR deserves to be quashed. After hearing learned counsel for the petitioner, I do not find any merit in the submissions made by him. Merely because the loan amount has been repaid to the Punjab Financial Corporation, the same will not absolve the petitioner of his criminal liability, in case he has committed an offence under the Indian Penal Code. The facts of the case, as briefly mentioned above, prima facie Crl. Misc. No. M-18747 of 2009 [2] show that the conduct of the petitioner was not just and fair. I do not find this to be a fit case for exercise of extra ordinary powers under Section 482 Cr.P.C. for quashing of the FIR. Accordingly, the present petition is dismissed. (Rajesh Bindal) ` Judge 20.7.2009 mk