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2008 Supreme(Online)(KER) 32915

HIGH COURT OF KERALA
R.BASANT, J
KONNOLA ABDUL SAMAD – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The petitioners are accused 1 and 2 and they face allegation in a crime for offences punishable, inter alia, under Secs.420, 465 and 471 IPC. Some of the offences are not compoundable. The crux of the allegations against the petitioners is that they availed a loan from the 3rd respondent – a Co-operative Bank. The loan was availed offering certain sureties who produced their documents as security. Those documents were of the properties of respondents 4 and 5 herein. Those documents were pledged before the bank in the name of the sureties. The loan was advanced and amounts were availed by the accused. There was default in repayment and arbitration proceedings were initiated before the authority (R2) under the Kerala Co-operative Societies Act. In the course of that proceedings, it was contended by respondents 4 and 5 that they were not the ones who executed the documents. Some persons had impersonated them and had executed the documents as sureties in their absence. They were not available in India and did not and could not have executed the relevant documents, it was contended.

2. Respondent No.2, on being satisfied about the allegations raised, filed a complaint before the pol

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