SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(J&K) 696

VINOD CHAFLERJI KOUL
Branch Head, J&K Bank Ltd. – Appellant
Versus
Arjumand Shafi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Z.A. Shah; A. Hanan
For the Respondent: S.F. Qadiri; Lyba Rasool

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

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top