2012 Supreme(Mad) 1167
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. Mathivanan, J.
Krishnan and Others
Versus
State rep. by the Inspector of Police, Pollachi East Police Station, Pollachi
Crl. O.P. Nos. 1083, 1084 and 1076 of 2012
Decided on : 5 March 2012
B. Sriramulu, Senior Counsel for Ms. AL. Ganthimathi and AR.L. Sundaresan, Senior Counsel for L. Palanimuthu and N.R. Elango, Senior Counsel for CT. Murugappan, for Petitioners
A. Ramesh, Senior Counsel for V. Vijayakumar, for Respondents
Headnote:
ORDER 1. Invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C, these three petitions have been preferred by the respective petitioners seeking the relief of quashing the criminal proceedings pertaining to the case in Crime No. 879 of 2011 pending investigation on the file of the Inspector of Police Pollachi East Police Station, Coimbatore District.
Fact of the Case:
The complainant had offered his property viz., P.R.M Complex bearing Door No. 133/199, Kovai Road, Pollachi, Coimbatore District as security for the aforesaid loan as a guarantor. While availing the loan the principal borrower viz., C.V. Jayaprakash had submitted false receipts which were purported to have been issued by the supplier of machinery and since the complainant had brought the aforesaid facts to the notice of the higher authorities in the bank, the banking officials with a view to wreck vengeance had initiated proceedings under SARFAESI Act by entering into a criminal conspiracy with the petitioners.
Finding of the Court:
The Court found that the allegations in the complaint did not constitute a cognizable offence justifying the registration of the case and investigation thereon. The Court also found that the criminal proceedings against the petitioners were manifestly attended with mala fide and had been instituted maliciously with an oblique motive for wrecking vengeance on the petitioners.
Issues: Whether the allegations in the complaint constituted a cognizable offence justifying the registration of the case and investigation thereon.
Ratio Decidendi: The Court held that the allegations in the complaint did not constitute a cognizable offence justifying the registration of the case and investigation thereon. The Court also held that the criminal proceedings against the petitioners were manifestly attended with mala fide and had been instituted maliciously with an oblique motive for wrecking vengeance on the petitioners.
Final Decision: The Court allowed the petitions and quashed the criminal proceedings against the petitioners.
1. Invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C, these three petitions have been preferred by the respective petitioners seeking the relief of quashing the criminal proceedings pertaining to the case in Crime No. 879 of 2011 pending investigation on the file of the Inspector of Police Pollachi East Police Station, Coimbatore District.
2. With the petitioners in the above petitions have been ranked as A4, A3 and A5 respectively in the case in Crime No. 879 of 2011 and since the respondent in all the three petitions are one and the same and the relief which is sought for in all the petitions is also one and the same, all the three petitions have been clubbed together, heard and disposed of in this common order.
3. The common facts which are absolutely necessary for the disposal of these three petitions may be summarized as follows:
4. The second respondent Mr. P. Mohan Kumar has lodged a complaint before the first respondent on 24.11.2011 and on the basis of his complaint, the first respondent who is the Inspector of Police attached to Pollachi Police Station has registered a case in Crime No. 879 of 2011 for the alleged offences under Sections 120(B), 409, 420, 147 and 506(i) of I. P. C.,
5. Excerpt of the Complaint:
One Mr. C.V. Jayaprakash who is none other than the sister’s husband of the second respondent (hereinafter he may be referred to as the complainant) had applied for a loan on 30.1.2003 and 30.5.2003 with the State Bank of India, Pollachi Branch for the purpose of establishing a theme park. One C.V. Jayaprakash who is the younger brother of C.V. Jayaprakash has been working in Pollachi Branch of State Bank of India and hence, the banking officials without properly scrutinizing the title deeds offered by the principal borrower as security and without properly verifying the payments said to have been made by the principal borrower to the supplier of equipments, had sanctioned the loan of Rs. 59 lakhs.
6. The complainant had offered his property viz., P.R.M Complex bearing Door No. 133/199, Kovai Road, Pollachi, Coimbatore District as security :for the aforesaid loan as a guarantor. While availing the loan the principal borrower viz., C.V. Jayaprakash had submitted false receipts which were purported to have been issued by the supplier of machinery and since the complainant had brought the aforesaid facts to the notice of the higher authorities in the bank, the banking officials with a view to wreck vengeance had initiated proceedings under SARFAESI Act by entering into a criminal conspiracy with the petitioners.
7. The complainant has alleged in his complaint further that the petitioners are the tenants in respect of the portion of the said P.R.M. Complex and they had represented as if there was an association of tenants and with a view to deter any bona fide purchaser from participating in the tender/auction had caused an advertisement to be published in Dinamalar on 1.3.2010 to make it appear as if the said property is subjected to encumbrance and with an intention to avoid a fair and wider participation in the tender cum auction they had colluded with the bank officials and purchased the property for a price lesser than the fair market price.
8. It is also alleged that the property was not properly valued before it was brought to sale under the SARFAESI Act and therefore, the sanction of the loan in favour of C.V. Jayaprakash was fraudulent and hence, the sale of the property has got to be set aside. It is also alleged that the auction made on 10.3.2010 was conducted by the so called association and the complainant was not even allowed to enter into the auction hall.
9. The case in Crime No. 879 of 2011 has been registered against the following accused viz., 1) C.V. Jayaprakash 2) C.V. Mohan Prakash 3) Krishnan 4) M. Muthukumar 5) S. Vincent and other bank officials. As observed earlier, the petitioners are ranked as A4, A3, and A5 respectively.
10. It appears from the records that as there