IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1908 OF 2017 Between:
Vinay S/o. Nos Mohan, Aged about 30 years, R/at No.128, Manjunatha Layout, TCS Palya, Bengaluru-560 036. …Petitioner (By Sri.Lethif.B, Advocate) And:
1. State of Karnataka, Rep. by H.D.Kote Police, H.D.Kote Taluk, Mysuru District, Rep. by SPP, High Court Building, Bengaluru-560 001.
2. Vijaya Bank, A Body Corporate, Constituted Under the Banking Companies, (Acquisition & Transfer of undertaking) Act, 1980, Having its Office at No.41/2, Mahathma Gandhi Road, Bengaluru-560 001.
Rep. by its Deputy General Manager, Sri.M.R.L.Narasimharao, Aged about 56 years, Regional Office, Nazarabad Mohalla, Mysuru-570 007. … Respondents (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the FIR in Cr.No.316/2016, on the file of H.D.Kote P.S., H.D.Kote, Mysuru District for an offence p/u/s 420 read with 34 of IPC vide Annexure-A pending on the file of Principal Civil (Jr.Dn) and JMFC, H.D.Kote, Mysuru District.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Petitioner had borrowed loan from second respondent-complainant for the purpose of agricultural development by securing immovable property owned by him and created equitable mortgage in favour of the Bank. Petitioner is said to have withdrawn the loan amount and according to the complainant, petitioner with an intention to cheat the Bank had borrowed the loan for agricultural purpose and has not utilized for the purpose for which it was borrowed and thereby has intentionally violated the conditions stipulated under the loan agreement and cheated the Bank. Hence, on all these allegations, a complaint came to be lodged against the petitioner which was registered in Crime No.316/2016 by H.D.Kote Police-respondent No.1.
2. Under similar circumstances, different borrowers of the same complainant-Bank had also approached this Court in Crime No.2556/2017 and connected matters and this Court had declined to entertain the prayer for quashing of F.I.R on the ground, it was premature. Accordingly, petition came to be dismissed with liberty to the petitioner to approach this Court in event of any adverse report submitted by the Police without any basis and if any cognizance is taken against them by the Court. Order passed by the co-ordinate bench of this Court on 26.06.2018 in Crl.P. No.2556/2017 reads:
“Under the above said circumstances, it is too premature at this stage to quash the FIR itself. Hence, the petitions, in my opinion, are devoid of merits and are liable to be dismissed with liberty to the petitioners to approach this Court if any adverse report is submitted by the police without any basis and if any cognizance is taken against them by the Court”.
Hence, similar liberty is granted to petitioner and with this observations, petition stands dismissed.
IA 1/2017 is consequently dismissed.
Learned Government Advocate Sri.Rachaiah, is permitted to file memo of appearance on behalf of respondent No.1 within four (4) weeks.
SD/- JUDGE ag