IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.8389/2019 BETWEEN 1. M/S ICICI BANK LIMITED HAVING ITS REGISTERED OFFICE AT RACECOURSE CIRCLE VADODARA) ICICI BANK TOWERS BANDRA KURLA COMPLEX, MUMBAI MAHARASHTRA REPRESENTED BY ITS MANAGER 2. M/S ICICI BANK LIMITED, GRAND PLAZA CANTONMENT CHOWK, FORT ROAD, KANNUR KERALA-670001 REPRESENTED BY ITS BRANCH MANAGER MR. SRIDEEP B 3. SMT SWAPNA RAJ W/O T N BASANTH MAJOR IN AGE EX BRANCH MANAGER OF ICICI BANK, GRAND PLAZA CANTONMENT CHOWK, FORT ROAD, KANNUR, KERALA-670001 NOTE: PETITIONER NO.2 ALSO REPRESENTING THE PETITIONER NO.1 BANK.
...PETITIONERS (BY SRI PATIL J M, ADV.) AND 1. THE STATE BY JAYALAXMIPURAM POLICE, MYSORE CITY, MYSORE-570017 2. MR ANIL S M SON OF S R MADHUSUDHANA MAJOR IN AGE RESIDING AT NO.120 14TH A CROSS, 3 A BLCOK V V MOHALLA MYSORE-570002 (BY SRI H.R.SHOWRI, HCGP FOR R1.) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 19.08.2019 TAKING OF THE COGNIZANCE OF OFFENCE BY THE COURT BELOW (WHICH IS ANNEXURE-A TO THE PETITION) AND ALSO QUASH ALL FURTHER PROCEEDINGS AGAINST THESE PETITIONERS IN P.C.R.NO.50/2018 NOW IT IS NUMBERED AS C.C.NO.223/2019 (WHICH IS PENDING ON THE FILE OF I ASCJ ACJM, MYSURU, ANNEXURE-B TO THE PETITION) AND ALSO QUASH THE CHARGE SHEET FILED IN CR.NO.5/2019 IN SO FAR AS SHOWING THESE PETITIONERS AS ACCUSED NO.7,8 AND 9 FOR THE OFFENCE P/U/S 420, 120B, 409, 415, 416, 463, 464, 465, 468, 470, 471, 472, 474 AND 209 OF IPC AND U/S 200 AND 182 OF CR.P.C.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
2. The petitioners are accused Nos.7, 8 and 9.
The petitioner Nos.1 and 2 are the branches of a corporate entity at Bandra Kurla Complex, Mumbai, Maharasthra and Kannur, Kerala. Petitioner No.3 is the former Branch Manager.
3. The petitioners have been arrayed as accused in C.C.No.223/2019 on certain allegations and have been charged for the offence punishable under Sections 420, 120B, 409, 415, 416, 463, 464, 465, 468, 470, 471, 472, 474, 209 of IPC, Sections 200 and 182 of Cr.P.C in Crime No.5/2019 on the file of the I Additional Civil Judge (Jr. Dn) and JMFC Court, Mysuru City.
4. Learned counsel for the petitioners would contend that the petitioners have been arraigned as accused merely on the discovery and seizure of the Letter Head of the Bank from amongst the records and that if the Investigating Officer had sought explanation, the petitioners would have definitely explained the documents that have been seized and that the failure to afford an opportunity by the Investigating Officer vitiates the charge sheet.
5. It is well established and settled law that the defence of the accused cannot be a ground for this Court to exercise the jurisdiction under Section 482 of Cr.P.C and in that view of the matter, petition being devoid of merits is rejected.
6. If the petitioners are so aggrieved by the chargesheet, it is always open for them avail of such alternate remedy available to them under law.
In view of the disposal of the main petition, I.A.No.1/2019 do not survive for consideration. Hence, stands disposed of.
Sd/- JUDGE dn/-
CT-HR