This petition has been filed by the petitioners praying to quash the criminal proceedings in C.C.No.182 of 2013 pending on the file of the learned Judicial Magistrate No.1, Pollachi, as against the petitioners herein, who have been arrayed as Accused 3 to 5 respectively in this case.

2. The brief facts of the case are as follows-

2-1. The petitioners herein are the officials of the State Bank of India, Pollachi Branch. The 1st petitioner/A3 is the Deputy Manager Advance-cum-Field Officer. The 2nd petitioner/A4 is the Manager DBD. The 3rd petitioner/A5 is the Assistant General Manager, Region IV, SBI CBE Sanction Officer.

2-2. The complaint was lodged by the 2nd respondent herein against the accused persons and the same was registered in Crime No.879 of 2011 on the file of the 1st respondent-Police. On completion of investigation, chargesheet was filed and the same was taken on file as C.C. No. 182 of 2013 on the file of the learned Judicial Magistrate No.I, Pollachi, for the alleged offences punishable under Sections 467, 468, 471, 109, 149, 417, 420, 409, & 120(b) IPC.

2-3. The 2nd respondent/defacto-complainant is the brother-in-law of the 1st accused Jeyaprakash (A1's wife's brother). On 30.01.2003, the 1st accused applied for loan with the State Bank of India, Pollachi Branch, for a sum of Rs.59 lakhs, by way of mortgaging his property and the property of the defacto-complainant was also shown as security for the said loan amount. The 1st accused applied for the said loan for the purpose of setting up an amusement park christened as “Thrill Park” at Aliyar. The 2nd accused C.V. Mohan Prakash, who is none other than the own brother of the 1st accused Jeyaprakash, has been working in the State of Bank of India, Vellore Branch. It is the duty of the 1st petitioner herein/A3 to inspect the property to be mortgaged by the person, who is availing loan, and to issue a certificate with regard to the genuineness of the title documents of the property. It is the duty of the 2nd petitioner/A4 to verify the documents and recommend for loan. Thereafter, the 3rd petitioner/A5 has to scrutinise the documents and disburse the loan amount.

2-4. It is the case of the prosecution that the petitioners herein, who are the bank officials, without properly scrutinising the title documents and without properly verifying the payments said to have been made by the principal borrower/A1 for the supply of equipments, had sanctioned the loan amount of Rs.59 lakhs. The 2nd respondent/defacto-complainant had offered his property viz., PRM Complex, No. 133/199, Pollachi, Coimbatore, as security for the said loan amount, as a guarantor. The 1st accused made the defacto-complainant to offer his property as security for his loan, with the collusion of the other accused viz., petitioners herein, by falsely representing that even if there is any default in repayment, the Bank will initiate action only as against the property of the borrower/A1 and not against the guarantor/defacto-complainant. Believing the words of the accused persons, the defacto-complainant offered his property as security for the loan amount. Subsequently, the 1st accused has defaulted in repaying the loan amount. But, the Bank initiated proceedings under SARFAESI Act as against the property of the defacto-complainant also and subsequently, the property of the defacto-complainant was sold in auction. Hence, the defacto-complainant lodged the complaint and it was registered in Crime No. 879 of 2011 by the 1st respondent-Police. On completion of investigation, on 13.09.2013, the 1st respondent-Police filed the chargesheet and it was taken on file as C.C. No. 182 of 2013 on the file the learned Judicial Magistrate No. I, Pollachi, for the alleged offences under Sections 467, 468, 471, 109, 149, 417, 420, 409 & 120(b) IPC. Now, the petitioners have come forward with the present petition seeking to quash the criminal proceedings as against them.

3. Heard the submissions made by the learned co