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2023 Supreme(Ker) 312

K. BABU
PNB Housing Finance Ltd. – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MADHU RADHAKRISHNAN, NELSON JOSEPH, M.D.JOSEPH, DEEPAK ASHOK KUMAR
For the Respondent: SMT.AYSHA ABRAHAM, P.P.SMT.PUSHPALETHA M K

ORDER :

The prayer in this Crl.M.C. is as follows:-

    “………. to allow the Criminal Miscellaneous Case, quash Annexure 1 complaint, Annexure 2 F.I.R and all further proceedings pursuant thereto in Crime No.0919/2022 of Infopark Police Station, Ernakulam District, against the petitioners/accused Nos.1 to 6, so as to secure the ends of justice.”

2. The petitioners, who are the officials of Punjab National Bank Housing Finance Limited, are accused Nos.1 to 6 respectively in the aforementioned F.I.R. They along with the co-accused face allegations under Sections 406, 409, 420, 442 and 120-B read with Section 34 of the Indian Penal Code. The F.I.R was registered based on a complaint filed by respondent No.2.

3. Respondent No.2/the defacto complainant in the F.I.R. purchased an apartment in a project managed by Jain Housing and Constructions Ltd. called “Tuffnel Park”. He purchased the apartment along with his wife after availing a housing loan of Rs.40 lakhs from petitioner No.1 and further paying a sum of Rs.11,13,820/-by himself. A sale deed was executed on 18.12.2015 in favour of the complainant by Jain Housing and Construction Company. The complainant was allotted Flat No.4055 in the apart

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