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CR.MA/2588/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2588 of 2011
=========================================================
PANKAJKUMAR
BACHUBHAI VELANI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DJ BHATT for
Applicant(s) : 1,
Mr.L.R.Pujari, APP for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 16/03/2011
ORAL
ORDER
This
application is filed praying for quashing and setting aside the
Criminal Complaint being C.R.No.I-269 of 2010 registered with the
Patan City A-Division Police Station filed by the Manager, Patan
Nagrik Sahakari Bank Limited-respondent no.2 herein for the offences
punishable under Sections 406 and 420 of Indian Penal Code.
It
is alleged in the said complaint that by obtaining false No Due
Certificate from the Ranuj Nagrik Sahakari Bank Ltd. and by
suppressing material facts of loan which was alleged to be obtained
from Ranuj Nagrik Sahakari Bank Ltd., the present petitioner obtained
loan from the complainant bank. After lodging of the complaint, the
present petitioner immediately approached the police station and
placed all the documents on record.
Learned
advocate Mr.Jani submits that the suit which was pending before the
Board of Nominees, decree was passed in terms of the settlement as
both the parties entered into settlement and as per the settlement,
Rs.3,00,000/- has already been paid as part payment and remaining
amount will be deposited by the present petitioner in installments as
per the terms of the settlement. It is also submitted by learned
advocate Mr.Jani for the bank that now bank is not interested in
proceeding with the matter as the settlement has already taken place
between the parties. Normally, while deciding the application under
Section 482 of Criminal Procedure Code, the Court should not go into
the defence of the accused but in rarest of rare case, if the Court
thinks fit then the Court can look into the same. In this case,
deposition of the concerned officer of Ranuj Bank was placed on
record before the Board of Nominees and as per the same, it is
specifically stated by the concerned officer that as goods of
Rs.4,00,000/- were with the bank, No Due Certificate was issued and
no false certificate was issued by the bank. From this evidence, it
is crystal clear that no allegation of fraud or forgery is prima
facie established.
Taking
into consideration the deposition of the bank officer, prima facie,
no allegation of cheating or breach of criminal trust is made out.
The offences of Sections 406 and 420 of Indian Penal Code are
compoundable with the permission of the Court.
In
view of the above, this application is allowed. The complaint, being
C.R.No.I-269 of 2010 registered with Patan City A-Division Police
Station, is hereby quashed and set aside.
(
M.D.Shah, J )
srilatha
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