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2009 Supreme(Ker) 796

P.S.GOPINATHAN
K. Gopalakrishnan – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates Appeared:For the Petitioners:A. Rajasimhan, Advocate. For the Respondents:R1, Jayakrishnan, Public Prosecutor, R2, George Thomas(MEVADA), Advocate.

Judgment :

Revision petitioner is the accused in C.C.230 of 2008 on the file of the Chief Judicial Magistrate, Earnakulam. The Sub Inspector of Police, Central Police Station filed a charge sheet against the revision petitioner alleging offence under Sections 406 and 420 IPC. With an allegation that on 13.12.2002, the revision petitioner obtained a loan of Rs.10,00,000/- from the State Bank of India, M.G.Road branch after pleading 3.501 cents of land comprised in Sy.No.330/12 of Elamkulam village, which was obtained by the revision petitioner by virtue D.No.4287/02. As per the allegations in the charge sheet, the said property was earlier mortgaged before the State Bank of Travancore, Panampilly Nagar branch and he availed a loan of Rs.4,70,000/-. It is suppressing that liability and fraudulently making the defacto complainant, the Chief Manager of the State Bank of India, M.G. Road branch believe that there was no liability charged upon the properties the revision petitioner obtained the loan of Rs.10,00,000/- and that after closing the liability in favour of the S.B.T., the property was sold to third parties without the knowledge of the bank.

2. The learned Magistrate took cogniza















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