2024:CGHC:44444-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 262 of 2021 Ramkinkar Singh, S/o Shivram Singh, Aged About 70 Years R/o. Nawagarh, Police Station Nagagarh, District Bemetara Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh, Through - Police Station Dadhi, Bemetara, District Bemetara Chhattisgarh

2 - State Bank of India Through Its Branch Manager Branch Chhirha, Bemetara, Tahsil And District Bemetara, Chhattisgarh.

... Respondents For Petitioner : Mr. Anshul Tiwari, Advocate.

For Respondent No. 1/State: Mr. Shashank Thakur, Deputy Advocate General For Respondent No. 2 : Mr. P.R.Patankar, Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Amitendra Kishore Prasad, Judge

Order on Board

14/11/2024

1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.), the petitioner has prayed for the following relief(s):

“It is therefore most humbly prayed that the Hon'ble Court may kindly be pleased to allow the instant petition and the impugned order dated 20.01.2021, passed by the Additional Session Judge, Bemetara in Criminal revision No. 4/2020 and the order dated 07.12.2019, passed by Judicial Magistrate First Class, Bemetara, in Criminal Case No. 284/2019, so far as it relates to the petitioner is concerned, may kindly be set- aside, the entire charge sheet, F.I.R. and the criminal proceedings may also kindly be quashed, so far as it relates to the petitioner is concerned, in the interest of justice.”

2. The facts, in brief, as projected by the petitioner is that the petitioner is a Senior Advocate practicing at District & Session Court, Bemetara for last more then 38 years. He has falsely been implicated only on the ground that, being empanelled Advocate of the State Bank of India, Branch Chhiraha, District Bemetara, he issued the requisite non-encumbrances certificate and certified qua the lands had by the borrower that they have clear, marketable title to the property free from all encumbrances against which the borrower had applied for loan and accordingly he was granted loan under the scheme of Kisan Credit Card.

3. An FIR of the incident was lodged on 02.08.2018 by Tileshwar Singh Paikra, the Branch Manager of SBI Chhiraha, Branch Dadhi, Bemetara, District Bemetara , against one Hariram Chandrakar. The FIR was lodged inter-alia on the allegations that, the main accused Hariram Chandrakar had borrowed the loan from the Bank under the Kisan Credit Card by playing fraud. It was alleged that Hariram Chandrakar was resident of Gram Panchayat Gidhhwa. He had applied for grant of loan under the Kisan Credit Card and has mortgage his agriculture land for the security of loan. Under the scheme of Kisan Credit Card for grant of loan the certificate that the land which is sought to be mortgage is free from all encumbrances and title of the said land is free and clear is required. It is alleged that the main accused was granted loan to the tune of Rs. 3 lakhs and the same was transferred to his Kisan Credit Account and the same has been withdrawn. It has been alleged that the petitioner who is empanelled Advocate of SBI has issued the non-encumbrance certificate and certified qua the lands held by the borrower that he has clear and marketable title to the property free from all encumbrances and against which the borrower had applied for the loan and has granted loan under the scheme. It was further alleged that the borrower failed to repay the loan amount and upon the enquiry it was found that the borrower had no land at village Giddhawa and the documents filed by the borrower, pertains to the mortgage land are found to be forged. On 02.08.2012, the notice to repay the loan was issued. The FIR was lodged inter-alia on the allegations that Hariram Chandrakar has secured the loan by playing fraud.

4. According to Mr. Anshul Tiwari, learned counsel for the petitioner, the petitioner is an empanelled Advocate of the Bank was not named in the FIR. The police has inve