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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL
VHT Rama Rao – Appellant
Versus
State of Telangana – Respondent
ORDER :
E.V.VENUGOPAL, J.
CRIMINAL REVISION CASE No.94 OF 2023
1 This criminal revision case is filed under Sections 397 and 401 of Cr.P.C. aggrieved by the order dated 05.7.2019 passed by the learned III Additional Special Judge for CBI cases, Hyderabad in Crl.M.P.No.253 of 2019 in C.C.No.4 of 2007, whereunder the learned Judge dismissed the said petition filed by the petitioner/ A.9 under Section 239 Cr.P.C. seeking discharge from the proceedings.
2 Heard Sri Deepak Misra, learned counsel for the revision petitioner and Sri T.Srujan Kumar Reddy, the learned standing counsel for CBI, and perused the record.
3 The facts unfold that the petitioner who is claiming to be proprietor of M/ s. Mareechi Computers, availed housing loan from Syndicate Bank, Boraganda branch, to a tune of Rs.10.00 lakhs and as on the date of filing of the charge sheet, it was alleged that the outstanding loan amount was Rs.11,21,471/ - and that the petitioner failed to pay the outstanding dues. The further allegation is that the bank valuer had colluded with various borrowers including the petitioner and inflated the area of flat and its market value so as to get more loan and the value of the plot owned by the p
The court upheld that specific allegations of fraudulent conduct can sustain criminal charges against a property valuer providing inflated valuations to facilitate loan approvals.
A lack of prima facie evidence for conspiracy negates the framing of criminal charges against a bank valuer who submitted inflated property valuations.
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
To establish cheating under IPC Section 420, there must be evidence of fraudulent intent at the time of the transaction, not merely a subsequent failure to fulfill contractual obligations.
The existence of dishonest intention from inception is crucial for establishing the offense of cheating; mere default in loan repayment is insufficient for criminal prosecution.
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