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2019 Supreme(Kar) 1124

JOHN MICHAEL CUNHA
Praveen Tikare – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
R.B. Deshpande, Adv., H.S. Chandramouli, Adv.

JUDGMENT :

John Michael Cunha, J.

1. Petitioner is aggrieved by the orders passed by the courts below dismissing the application filed by him under Section 457 of Cr.P.C.

2. Heard learned counsel for the petitioner and the learned State Public Prosecutor appearing for respondent and perused the records.

3. The brief facts necessary for adjudication of the controversy is that the Cluster Branch Manager of ICICI Bank Limited, Chitradurga branch lodged a complaint before the Inspector of Police, Chitradurga Town Police Station alleging manipulation of jewel loan account at Chitradurga Branch. The material allegations made in the complaint read as follows:

    “In view of the above, we suspect that some of the customers had not come to the branch for availing the said jewel loans. However, their documents were supposedly manipulated and few of them would have even colluded with the above said persons. Further, signature of the jewel appraiser also appears to have been manipulated. We also find that documents have been fabricated and used to avail the said 34 loans, presumably even without creating adequate security for the Jewel Loans.”

4. A reading of the complaint indicates that the manipula

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