Criminal petition under Section 482 Cr.P.C. to quash proceedings based on a cheque-dishonour and cheating case. Petitioners claimed loan default and bank notice were pretext for harassment. Court found a prima facie case.
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CRL.P No. 101636 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 101636 OF 2022 (482-)
BETWEEN:
TALUKA AND DIST. BELAGAVI -590001.
…PETITIONERS
(BY SMT. GEETHA K M, ADVOCATE)
AND:
CRL.P No. 101636 of 2022
BELAGAVI - 590001.
…RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. GIRISH HULMANI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS AND SET ASIDE THE CASE REGISTERED BY KHADE BAZAR POLICE STATION AND ISSUANCE OF NOTICE TO PETITIONERS NO.1 AND 2 DATED 21.02.2019 IN PRIVATE COMPLAINT NO.181/2017 NOW THE CHARGE SHEET IS FILED IN CC NO.95/2019 ON 31.01.2019 WHICH IS PENDING BEFORE JMFC III COURT BELAGAVI FOR THE PUNISHABLE UNDER SECTION 120(B), 406, 417, 418, 420, 464, 465, 468, 471, 474, R/W 34 OF IPC, AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 AND ETC.,
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, COURT MADE THE FOLLOWING:
ORDER
Petitioners who are arraigned as accused Nos.1 and 2
have sought for quashing criminal proceedings in C.C.No.95/2019 on the file JMFC III Court, Belagavi, for
the offences punishable under Section 120(B), 406, 417, 418, 420, 464, 465, 468, 471, 474, R/W 34 OF IPC.
CRL.P No. 101636 of 2022
mortgage loan of Rs.17.5 lakh by mortgaging plot No. 821
they agreed to pay interest at 13.5% per annum. However, respondent No.2-Bank has chosen to file private complaint in P.C.No.181/2017 under Section 200 Cr.P.C. Without any application of mind the trial Court has referred it to the concerned police for investigation and in turn the said police have filed charge sheet against petitioners C.C.No.95/2019.
CRL.P No. 101636 of 2022
respondent No.2-Bank. In spite of petitioners approaching the respondent No.2-Bank to repay the loan amount, respondent No.2-Bank is not ready. On the other hand they have chosen to put up property for sale only to harass the petitioners, the complaint is filed and prays to allow the petition.
CRL.P No. 101636 of 2022
petitioners have kept original documents with Canara Bank
and based on fake documents they have availed loan thereby cheated the respondent No.2-Bank.
CRL.P No. 101636 of 2022
property were brought to sale and notice of the sale was published in the daily news paper, from Canara Bank, Khade Bajar Branch, Belagavi, it came to know that petitioners have also availed loan from said Bank and deposit documents of title and while availing loan from respondent No.2-Bank they have kept fake document with respondent No.2.
CRL.P No. 101636 of 2022
no grounds are made out for quashing the proceedings
and accordingly, I proceed to pass the following:
ORDER
The Criminal petition is dismissed.
The impugned proceedings in C.C.No.95/ 2019 pending before JMFC III Court Belagavi, insofar as petitioner is concerned, is hereby quashed.
In view of disposal of the matter, pending interlocutory applications, if any, do not survive
for consideration and are disposed of
accordingly.
Sd/JUDGE
AC
1 issue framed by the court
Whether the criminal proceedings against petitioners who allegedly defrauded a bank by using fake documents should be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
MR BAJIRAO SADASHIV GHORPADE
MRS. VIJAYSHREE W/O BAJIRAO GHORPADE
STATE OF KARNATAKA
UNION BANK OF INDIA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
