JUDGMENT :

1. Since the issue raised in all the captioned petitions are interrelated, hence, they are heard together and are being disposed of by this common judgment.

2. The petitioner - Mr. Jagdishbhai Bhogilal Pandya, employee of the respondent Bank, has filed Criminal Misc. Application Nos.5245 of 2019, 5232 of 2019, 5234 of 2019, 5237 of 2019, 5241 of 2019, under Section 482 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) praying to quash and set aside the complaints being (i) M. Case No.7/2005 (ii) M. Case No.6/2005 (iii) M. Case No.3/2005 (iv) M. Case No.10/2005 respectively filed before the Economic Offence Prevention Branch, Gandhinagar under sections 406, 420, 467, 471 and 120B of the IPC and sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and even (v) I-C.R. No.1 of 2018 filed before the Ahmedabad Zone (CID Crime) Police Station under sections 406, 420, 467, 471 and 120B of the IPC and sections 13(1)(d) and 13(2) of the Prevention of Corruption Act impugned in Criminal Misc. Application Nos.16613 of 2019 and 19292 of 2018; where the petitioners are borrowers who too have made prayer of quashing and setting aside the FIR.

3. Facts as could be culled out from the memo of petitions, are enumerated hereunder:

3.1 The impugned complaints being M. Case No.7/2005 and M. Case No.6/2005 were filed against Gravity India Private Limited and others, whereas M. Case No.3/2005 was filed against Jalaram Textile and others and M. Case No.10/2005 was filed against Dantali Synthetic Pvt. Ltd. The complaint being I-C.R. No.1 of 2018 was filed against Virsons Impex Corporation and others. In all the impugned complaints, the accused arrayed are directors, sureties, borrowers and employees of the Bank. Originally, some of the cases were filed before the Chief Metropolitan magistrate, Ahmedabad as inquiry case and thereafter sent for investigation under section 156(3) of Cr.P.C. and thus the impugned M. Cases were registered for the alleged offences.

3.2 The complainant Bank - Madhavpura Mercantile Co. Op. Bank is a co-operative bank and has its office at Ahmedabad and Branches at various places. The facts, as per the complaint being M.Case No.7/2005, suggests that a loan of Rs.25 lakhs was granted by the Board of Directors of the Bank by resolution dated 31.01.1994 and documents of loan were executed on 05.04.1994, and thereafter new loan was granted on 03.04.2000 amounting to Rs.7,60,00,000/-. It is alleged in the said complaint that the accused were illegally operating the accounts, in connivance with the Bank employee, who were acting against the interest of the bank, who had granted loan to the accused no.1 – Company.

3.3 It is alleged in the complaint being M.Case No.6/2005 that a loan of Rs.1.45 crore was granted by the Board of Directors of the Bank in 1998, the documents of loan were executed on 02.04.1998. It is alleged that the petitioner - Mr. Jagdishbhai Bhogilal Pandya, Branch Manager of the Bank and some other higher officials were acting against the interest of the Bank and had granted loan to the company.

3.4 It is stated in the complaints that the process for loan sanction is undertaken at Ahmedabad, and the written information about the sanctioned loan is given to the joint branches. As per the instruction, in writing, by the head office, the Branch Manger or the other responsible employee, has to prepare all the documents as per the rules and regulations of the Bank.

3.5 The allegation is jointly against accused (i) Rameshchandre Nandlal Parikh (Ex-chairman) (ii) Devendra Bhagwanji Pandya (Former M.D. & CEO) (iii) Jagdish Bhogilal Pandya – Ex-Branch Manager) that all the accused though being the main administrator of the Bank, for their personal gain, failing to observe the legal responsibilities, in breach of the banking rules and regulations, have cheated the Bank and have committed