Dega Maheswara Rao , Mahesh v. Maddu Madhava Rao

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9997 of 2013 ORDER:

This Criminal Petition is filed by A.15 under Section 482 Cr.P.C., to quash the proceedings in Crime No.153 of 2012 on the file of Gudlur Police Station, Prakasam District for the offences under Sections 420 and 471 IPC.

The allegation against the petitioner herein is that he availed a loan of Rs.90,000/- from the complainant i.e. Syndicate Bank by way of producing some forged documents. On the basis of the said complaint, a case is registered against the petitioner herein and 81 similar borrowers.

Heard and perused the material available on record. It is the case of the petitioner that he availed the loan by way of producing a lease deed in his favour. The said lease deed is not in question and it is also the case of the petitioner that he is not aware of the original title deeds of the persons, who executed the lease deed in his favour. The complainant-Bank relied on the said lease deed and granted the loan. Further it is the case of the petitioner that on 26.08.2013 he repaid the entire loan amount of Rs.90,000/- to the Bank and that he has no intention to cheat the Bank. Considering the above facts and circumstances, this Court is of the view that continuing further proceedings against the petitioner would amount to abuse of process of law and also no purpose would be served. Hence, the impugned proceedings are liable to be quashed.

In the result, the Criminal Petition is allowed and the proceedings in Crime No.153 of 2012 on the file of Gudlur Police Station, Prakasam District are hereby quashed as against the petitioner herein.

Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 30.08.2016.

Tsr