Judgment

Sanjay Dhar, J.—By this judgment, two petitions, under Section 561-A of J&K Cr.PC challenging F.I.R No. 331/2009 for offences under Sections 420, 467 and 468 RPC registered with Police Station, Gandhi Nagar, Jammu filed by above named petitioners are proposed to be disposed of.

2. The facts giving rise to the filing of these petitions are that on 01.12.2009, Police Station, Gandhi Nagar, Jammu received a written complaint from respondent No. 2 alleging therein that the petitioners herein are in collusion and misusing the public money by using their position and authority. As per the complaint, in the year, 2001, the petitioner-Kuldeep Kumar Gupta, while working as Branch Manager, Ware House Branch of the Citizen’s Cooperative Bank Ltd. hatched a criminal conspiracy to rob the bank by fraudulently raising loan of Rs. 10 lakhs in favour of one Sh. Rajinder Kumar. It was averred in the complaint that as per the norms of the Bank to raise loan of Rs. 10 lakhs, a security deposit of at least Rs. 20 lakhs is required, whereas, in the instant case, the borrower had produced collateral security in the shape of land measuring 14 kanals 06 marlas situated at Village Gatta Gajansoo,