1 2025:CGHC:6035-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 545 of 2022 Rinkesh Khanna S/o Jagdish Chandra Khanna Aged About 43 Years R/o Ward No. 21, Ambikapur Road, Nadi Paar, Manendragarh District- Korea (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House OfÏcer, Police Station Manendragarh, District Korea (Chhattisgarh) 2 - Chola Mandalam Investment And Finanace Company Limited Branch OfÏce, Ambikapur Road, Near H. P. Petrol Pump, Manendragarh, District Korea (Chhattisgarh) Through Shanti Swaroop Sharma Son Of Tarkeshwar Sharma, Aged About 41 Years, Legal Manager Ward No. 14, Bisim Colliery, West Jhagrakhand, District Korea (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Amit Kumar, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer For Respondent No. 2 : Mr. Mukesh Sharma, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 03/02/2025 1. By this petition under Section 482 of the Criminal Procedure Code, 1973, the petitioner seeks quashing of the FIR bearing Crime No. 85/2022 dated 11.03.2022 registered at Police Station, Manendragarh, District 2 Koriya for the offence punishable under Sections 420, 468, 471 of the Indian Penal Code as well as the investigation which is pending. 2. The facts of the case, as projected by the petitioner is that the respondent no. 2 is a finance company which financed loan amount of Rs. 12,25,000/- for purchase of truck No. CG 16 A 2489 to the father of the petitioner namely Jagdish Chandra Khanna on 31.01.2015 and the loan amount was to be be paid in installment upto 10.11.2018. The father of the petitioner transferred the above truck and loan amount to the petitioner and his wife namely Rashmi Khanna and the respondent no. 2 gave N.O.C. and the name of the petitioner was entered in registration of the above truck. The respondent No. 2 fixed the installment of loan amount for the period of 33 months and the loan amount will be paid upto 28.01.2020. As per the respondent-Company, the petitioner prepared forged papers of transfer of the above truck registration and presented those forged documents before the R.T.O. OfÏce Baikunthpur, District Korea by using forged seal and signature of the authority and transferred the truck to one Brijeshwar Yadav of village Karhima District Latehar (Jharkhand) though balance of 17 installment of loan amount was not paid. The respondent No.2 lodged report before the Police Station Manendragarh and thereafter filed an application under Section 156(3) of Cr.P.C. for direction to registration of F.I.R. before the learned Judicial Magistrate First Class, Mahendragarh, District Korea (C.G.) and the learned court below has allowed the application filed by respondent no.2 ordered to the Police Station for registration of F.I.R. against the petitioner under Sections 420, 468, 471 of 1.P.C. on 25.02.2022 and the Police Station Manendragrh registered the case under Sections 420, 468, 471 of I.P.C. in Crime No. 85/2022. 3. Mr. Amit Kumar, learned counsel for the petitioner submits that the 3 dispute is of civil nature relating to payment of installments which have been tried to be given a colour of criminal offence. Even the entire amount has been paid and nothing remains to be paid to the respondent No. 2 by the petitioner in the present case. Had the respondent-Company any grievance, the recourse available to it was to file a civil suit and not the criminal prosecution. The act of the respondent-Company is nothing but an act of harassment without any reason. For the agreement No. XVFPMRH 0000/980776 regarding loan amount of truck No. CG 16 A 2489 of the petitioner, the respondent Company has issued account statement dated 18.10.2021 and in that account statement respondent no.2 shows that agreement status "closed" of the truck No. CG 16 A 2489. 4. On the other hand, Mr. Mukesh Sharma, learned counsel for the respondent No. 2-Company submits that even if the entire amount has been paid by the petitioner, the fact remains that the petitioner had prepared forged documents and sold out the vehicle which was under hypothecation of the Company without first fully paying the loan amount. Hence, even if the loan amount has been repaid, it cannot be said that no offence has been committed by the petitioner. 5. A learned Single Judge of this Court, vide order dated 20.06.2022 had directed that no further proceeding shall be taken against the petitioner pursuant to the FIR in question till the next date of hearing and thereafter, the said interim order has continued till date. 6. After passing of the interim order, it appears that the investigation was stalled and since the dispute relates to the year 2018 and the FIR was lodged only in the year 2022, and further keeping in mind the fact that the entire loan amount has been paid by the petitioner which has also been admitted by the respondent No. 2-Company, no fruitful purpose would be 4 served if the prosecution is allowed to proceed further. Hence, we are of the considered opinion that it is a fit case where this Court should exercise its power under Section 482 of the Cr.P.C. and quash the FIR in question alongwith other consequential proceedings. 7. As such, the FIR bearing Crime No. 85/2022 registered at Police Station, Manendragarh, District Koriya, on 11.03.2022, for the offences under Sections 420, 468 and 471 of the IPC, alongwith consequential criminal proceedings, are quashed. 8. Resultantly, this petition stands allowed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.02.04 18:40:47 +0530