ORDER

1. Accused no.2 is before this Court under Articles 226 & 227 of the Constitution of India read with Section 482 of Cr.PC, seeking for the following reliefs:

A. Issue a writ of certiorari setting aside/quashing the proceedings initiated by the complainant/2nd respondent through PCR.No. 13357/2022 before the IVth ACMM Court at Bangalore and further under Sections 406, 409, 420, 468, 204 read with Section 34 of the Indian Penal Code, wherein the respondent has maliciously, frivolously and baselessly initiated criminal proceeding as per Annexure-"A" and "B".

B. Pass such other order as this Hon'ble Court deems fit in the interest of justice and equity.

2. Learned Counsel for the petitioner-Bank submits that Bank has taken steps to recover loan from respondent no.2 who is a borrower. Notice has been issued under Section 13(2)

of the SARFESI Act. Thereafter, a false complaint has been lodged to drag the recovery proceedings. He submits that the allegations made in the complaint do not constitute the alleged offences and the complaint is time barred.

3. Per contra, learned Senior Counsel appearing for respondent no.2 submits that the petitioner has no locus to question the proceedings at this stage. The writ petition is premature in nature. The Trial Court has not yet issued summons to the accused and even before that, the petitioner has approached this Court with a prayer to quash the private complaint.

4. The material on record would go to show that respondent no.2 has filed a private complaint before the Court of IV Addl. Chief Metropolitan Magistrate, Bengaluru, in PCR No.13357/2022. Even before issuance of summons in the said complaint, petitioner herein has entered appearance through an advocate before the Trial Court and has filed objections to the complaint. The Trial Court by order dated 26.12.2022 has taken cognizance of the offences punishable under Sections 406, 409, 420, 468, 204 read with 34 IPC and has posted the case for recording the sworn statement of the complainant. Subsequently, the sworn statement of the complainant was recorded and the matter was adjourned to record the further sworn statement of the complainant. At that stage, the petitioner has approached this Court.

5. As rightly contended by the learned Senior Counsel for respondent no.2, the Trial Court has not yet issued summons to the accused. The private complaint is only at the stage of recording the further sworn statement of the complainant. It is for the Trial Court to decide whether the complainant has made out a prima facie case to proceed further in the case. The Trial Court has got the discretion either to dismiss the complaint or to proceed further and issue summons to the accused persons. Even before the Trial Court has issued the summons, the accused has approached this Court. The accused does not get a right to challenge the private complaint as no cause of action has arisen against it to seek the remedy.

6. Under the circumstances, I am of the opinion that this writ petition is premature and cannot be entertained. Accordingly, the writ petition is dismissed with liberty to the petitioner to file a fresh petition in the event the Trial Court issues summons to the bank.