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2020 (11) TMI 882 - ALLAHABAD HIGH COURTRecovery of Loan - petitioner was extended facility of loan on finance of a vehicle by the informant, who is a Collection Manager - It is submitted that if there are any dues against the loan extended in favour of petitioner, then the finance company is having cheques in their possession, which if are dishonored, then the informant has a remedy under Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- FIR has been lodged for cheating and criminal misappropriation of the hypothecated property. Prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioner. The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. [2006 (7) TMI 723 - ALLAHABAD HIGH COURT] reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. [1999 (9) TMI 997 - ALLAHABAD HIGH COURT] after considering the various decisions including State of Haryana v. Bhajan Lal [1990 (11) TMI 386 - SUPREME COURT] that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case - From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioner. Petition dismissed.
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