High Court rejected criminal petition seeking quashment of FIR under Section 482 Cr.P.C. Court held that prima facie allegations of cheating and impersonation regarding a mortgage deed executed by a deceased person require investigation.
Petition rejected; liberty granted to approach Court after filing of final report.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23rd DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.1540 OF 2021
BETWEEN:
K.NAGESWARA RAO S/O LATE SURYAPRAKASAM AGED ABOUT 55 YEARS ASSISTANT GENERAL MANAGER STATE BANK OF INDIA KADAPA MAIN BRANCH, 7 ROADS CIRCLE KADAPA (CUDDAPAH)-516 001.
… PETITIONER
(BY SRI.S.G.BHAGAVAN, ADVOCATE)
AND:
S/O RAMACHANDRAIAH AGED ABOUT 48 YEARS No.2084, 4TH CROSS ASHOKPURAM, MYSURU-570 008.
… RESPONDENTS
(BY SRI.SHOWRI.H.R, HCGP FOR R1;
SRI.M.S.RAJENDRA PRASAD, SENIOR COUNSEL FOR SMT.SAVITHA.Y.S ADV., FOR R2)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.3/2021 OF ASHOKPURAM P.S. KRISHNARAJA SUB DIVISION, MYSURU CITY REGISTERED FOR THE OFFENCE P/U/Ss.409, 417, 419, 420, 465, 467, 468, 471 R/W 34 OF IPC AND THE FIR SUBMITTED TO THE COURT OF THE 1ST ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM JLB ROAD, MYSURU CITY INSOFAR AS HE IS CONCERNED FOR THE REASONS STATED THEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the proceedings in Crime No.3/2021 registered by Ashokpuram Police Station, Krishnaraja SubDivision, Mysuru City, against the petitioner, who has been arraigned as accused No.9 for the offences punishable under Sections 409, 417, 419, 420, 465, 467, 468, 471 read with Section 34 of IPC, insofar as this petitioner is concerned.
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case on hand that this petitioner lent an amount of Rs.2 Crores each in favour of accused No.4-Vasumathamma and also while lending the loan to her, Smt.R.Indiramma allegedly executed the mortgage deed in favour of the Bank though she passed away on 15.05.2018, as on the date of execution of mortgage deed i.e., on 28.11.2018, Smt. Indiramma, was no more and others also indulged in creating the documents and cheating the Bank. The allegation against this petitioner is that without identifying the person, who is executing the mortgage deed in favour of the bank and in connivance with the other accused persons, lent the loan to the tune of Rs.2 Crores in each transaction in total Rs.4 Crores. Based on this complaint, the police have registered a case against this petitioner and also the other accused persons.
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on the documents placed before him i.e., valuation report and also the opinion of the Advocate, which have been given prior to registration of the mortgage deed. Hence, there cannot be any prosecution against the petitioner herein.
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impersonation in the name of Smt.Indiramma and pension was also settled in respect of complainant No.2 on account of death of Smt.Indiramma through the said Bank. Hence, it cannot be contended that they were not having any knowledge of the death of Smt.Indiramma, which took place on 15.5.2018, the same has not been verified by the petitioner herein and also the document has been obtained fraudulently the mortgage deed in favour of the Bank from the person, who is no more. The learned counsel brought to the notice of this Court Rule 81 of the Karnataka Registration Rules regarding Identification of Executants.
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complaint that one Nageshwar Rao K, who was the Chief Manager during the time of availing of loan on fake documents on coming to know the above fraud and fake documents used for availing the loan to the tune of Rs.4 Crores by mortgaging by way of depositing fake title deeds in the name of Smt. R.Indiramma and she was no more at the time of execution of document. The said Smt. R.Indiramma never mortgaged the properties in the name of any bank, much so in the name of SBI Nellore, Andhra Pradesh and they have never availed any loan to an extent of Rs.4 Crores. It is also an allegation made in the complaint that the Bank money of Rs.4 Crores was sanctioned by the bank without verifying of the documents of original owner and financial viability of the genuine customers for the reasons best known to them. It is also an allegation made in the complaint that they have issued legal notices to the parties, who indulged in fraud, but they have not replied so far. Even though brought to the notice of the higher authorities of SBI, Nellore Branch, Andhra Pradesh relating to fraud of documents, no action was taken against the offenders in this case.
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while exercising the powers under Section 482 of Cr.P.C, the Court has to look into the contents of the complaint. The very contention of the complainant that the person, who allegedly executed the mortgage deed i.e., Smt. Indiramma was no more and she passed away on 15.05.2018. It is also important to note that the mortgage deed in the name of deceased person came into existence on 28.11.2018. It is also important to note that the amount of Rs.4 Crores was advanced based on the said mortgage deed. The very contention of the learned counsel for the petitioner before this Court is that he being the Assistant General Manager of the Bank he has to verify the legal opinion and also the valuation certificate and advanced the amount of Rs.4 Crores. It is also not in dispute that an amount of Rs.4 Crores was advanced based on the document of alleged mortgage deed executed by a person, who is no more on the date of 28.11.2018. The Court has to look into the averments while exercising the powers under Section 482 of Cr.P.C., and on perusal of the complaint averments, a specific allegation is made against this petitioner that he was the Assistant General
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Manager during the time of availing of loan, which was advanced to the tune of Rs.4 Crores accepting the mortgage deed by way of depositing fake title deeds in the name of Smt. R.Indiramma.
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a Bank Official that when the specific allegation has been made that on the connivance of this petitioner along with other fraudsters, the document of mortgage deed was executed and the same is also in the name of the person, who is no more. Hence, the very indulging of the act by the petitioner whether he had the knowledge also to be examined by the Investigating Officer.
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come in the way of investigation and when the prima facie material discloses that a fraud has been taken place and the document was executed in the name of the person, who is no more it requires investigation and only to allow the Investigating Officer to probe the matter and unearth the crime.
following:
ORDER
In view of rejection of the main petition, I.A.No.1/2021 for
stay does not survive for consideration and the same stands disposed of.
Sd/JUDGE
cp*
2 issues framed by the court
Whether Section 482 Cr.P.C. powers are exercisable to quash FIR where complaint discloses specific allegation of cheating and impersonation by petitioner?
Whether submission by petitioner that he acted on official documents precludes investigation when connivance is specifically alleged?
1 provisions across 1 enactments
K.Nageswara Rao
State of Karnataka by SHO Ashokpuram PS
R.C.Mahesh
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
