VINOD CHAFLERJI KOUL
Branch Head, J&K Bank Ltd. – Appellant
Versus
Arjumand Shafi – Respondent
JUDGMENT :
Vinod Chaflerji Koul, J.
1. In this petition, preferred under Section 561-A of the Code of Criminal Procedure, quashment of complaint bearing File no. 23/A pending before the court of Forest Magistrate, Srinagar (for short "Trial Court") is sought for on the grounds made mention of therein.
2. Heard and considered. Perused the record.
3. A complaint, as is discernible from perusal of the file as also Trial Court record, has been filed by respondent before the Trial Court under Section 409, 420 RPC, alleging therein that her husband had availed CC facility of Rs. 12.00 Lakhs from J&K Bank Branch Pampore in the year 2007. Rs. 2.00 Crores are alleged to have been sanctioned in favour of husband of respondent, but, despite fulfillment of all formalities and lien-mark of land, the sanctioned amount was not granted, and even the title deeds and revenue extracts were not returned. According to respondent, petitioners committed breach of trust and committed fraud.
4. Upon presentation of complaint by respondent, the Trial Court vide order dated 19th January 2019, said that commission of offences punishable under Sections 409, 420 RPC were made out against accused no. 2 and that accus
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