IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7179 OF 2017 BETWEEN:
M.T.LAKSHMINARAYANA S/O M.THIMMAPPA AGED ABOUT 52 YEARS NO.745, 15TH MAIN, 18TH CROSS, BSK II STAGE, BANGALORE-560070. ... PETITIONER (BY SRI. M.RAGHAVENDRACHAR.M, ADV. & SRI. MAYANNA, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY SPP BY BANASHANKARI P.S. BANASHANKARI P.S.I. BANGALORE-560070.
2. THE BRANCH MANAGER KARNATAKA STATE CO.OP. APEX BANK LTD., NO.67, PADMANABHA NAGAR BSK II STAGE BANGALORE-560070. ….RESPONDENTS (BY SRI.S.CHANDRASHEKHARAIAH, HCGP FOR R-1, SRI.H.N.SUNIL KUMAR, ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CRIME NO.25/2012 ON THE FILE OF III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 19.12.2013 IN SO FAR AS THE PETITIONER IS CONCERNED VIDE SL.NO.32, VIDE ANNEXURE ‘C’.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for admission, by consent of learned Advocates appearing for the parties, it is taken up for final disposal.
2. Heard learned counsel for the petitioner and learned Government Pleader appearing for Respondent No.1. Respondent No.2 is served and is represented, but none appears.
3. Respondent No.2 filed a complaint with Banashankari Police Station alleging that Branch Manager of Karnataka State Co-operative Apex Bank Limited had sanctioned loans to various persons on the basis of false and fabricated documents colluding with borrowers. Said complaint came to be registered in Crime No.25/2012 against said Branch Manager and borrowers including petitioner who was the guarantor for one of the loans granted by Bank. Hence, sought for suitable action being taken. Petitioner has been arraigned as accused.
4. As could be seen from the records, no due certificate has been issued to petitioner by the complainant-Bank on 29.08.2017 as per Annexure-A, certifying thereunder that amount borrowed by Mr. Ravindra Mayanna as loan has been discharged by the surety i.e., petitioner herein. In that view of the matter, continuation of proceedings against the petitioner who undisputedly was guarantor for the loan borrowed by Sri. Ravindra Mayanna would not serve any purpose and continuing the proceedings against petitioner would definitely be abuse of process of law, particularly, in the background of complainant having stated that loan borrowed has been discharged. Since there is no allegation of any fabrication or collusion made against petitioner herein in the complaint, continuation of proceedings would not subserve ends of justice.
Hence, the following:
ORDER [i] Criminal petition is allowed.
[ii] Proceedings in pending Crime No.25/2012 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru, is quashed only insofar as petitioner is concerned and petitioner is acquitted of offence.
[iii] It is made clear that proceedings would continue against other accused persons.
SD/- JUDGE AN/-