1.0. Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused no.57 to quash and set aside the impugned FIR/ complaint being CR. No. I-10 of 2010 registered with the Gandhinagar Zone Police Station for the offence punishable under Sections 406, 409, 420, 465, 466, 468, 471, 477 A of the Indian Penal Code and offence under Section 46 of the Banking Regulation Act.
2.0. Shri Unwala, learned advocate for the petitioner has vehemently submitted that as such dispute is basically of the civil nature and with respect to non payment of the overdraft amount which has been subsequently paid. It is submitted that as such there was a dispute with respect to rate of interest. It is submitted that the civil dispute is tried to be converted into criminal dispute by filing such criminal case and therefore, it is requested to quash and set aside the impugned complaint/ FIR qua the petitioner-original accused no.57 in exercise of powers under Section 482 of the Code of Criminal Procedure.
3.0. Heard the learned advocate Shri Unwala, learned advocate for the petitioner and Shri K.P. Raval, learned APP for the respondent State and considering the impugned FIR filed by the in-charge Regional Manager of Gujarat Industrial Cooperative Bank Ltd., it appears that as such the impugned complaint has been filed against in all 65 accused inclusive of the petitioner-original accused no.57 -one Ashokkumar K. Raval is the original accused no.1 who was at the relevant time Regional Manager of the Surat Region of Gujarat Industrial Cooperative Bank Ltd., and the main allegations are with respect to advancing much more amount then permissible and advancing amount beyond the prescribed limit of overdraft illegally. The aforesaid complaint has been filed against the different account holders. Therefore, the impugned complaint is not for non payment of overdraft amount by the accused persons but allegations are with respect to bogus accounts and making advance illegally beyond the overdraft limit and / or though same was not permissible at all and the allegations are for the offences punishable under Sections 406, 409, 420, 465, 466, 468, 471, 477 A of the Indian Penal Code and offence under Section 46 of the Banking Regulation Act. Therefore, the contention on behalf of the petitioner that the dispute is of the civil nature and therefore, impugned complaint deserve to be quashed and set aside, cannot be accepted.
4.0. In view of the aforesaid facts and circumstances of the case, as such no case is made out to exercise extraordinary powers under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned complaint/ FIR at the threshold. The allegations and averments in the application make out a prima facie case for investigation and inquiry. Therefore, this is not a fit case to exercise the powers under section 482 of the Code of Criminal Procedure to quash and set aside the impugned complaint/ FIR at the threshold.
5.0. In view of the above and for the reasons stated above, there is no substance in the present application, which deserve to be dismissed and is accordingly dismissed.
(M.R.SHAH, J.) kaushik Top