JUDGMENT

The petitioner, accused No.6 in SC No. 35 of 2007 on the file of the Additional Sessions Court -III, Ernakulam, seeks to quash the summons dated 12.02.2017 and all further proceedings.

Prosecution Case

2. During 1998-1999, accused Nos. 1 to 3 hatched a criminal conspiracy to cheat Canara Bank, Overseas Branch Ernakulam by availing credit facilities worth Rupees Thirty Lakhs in Packing Credit Limit and Rupees Fifty Lakhs in FDB limits in the name of M/s Dharaja Ventures Private Limited using false and forged documents relating to land not in existence as collateral security. In furtherance of the criminal conspiracy, accused No.3 contacted accused No.4 to arrange forged documents. Accused No.4 approached accused No.5 to prepare those documents, who accordingly prepared a sale deed, Patta, Pass Books, Chittas, Adangal Extract, three Encumbrance Certificates, Tax Receipts, Possession Certificates, etc. for a property measuring 48.58 Acres in Sy.Nos. 50, 67 and 68 of Suriyur Village, Thiruchirappally District, Tamil Nadu. Accused No.4, thereafter, approached the Panel Advocate of Canara Bank, Trichy Branch, for legal opinion based on the forged documents, making him believe that those documents were genuine. Accused No.4 approached accused No.6 (the petitioner herein), who was the Panel Valuer of the Canara Bank for the valuation report. Accused No.6 joined the conspiracy and prepared a false location sketch of a property measuring 48.58 Acres, describing it as situated opposite the staff quarters of Bharathidasan University. A valuation report showing its value at Rs.72.87 Lakhs, along with false location sketch and forged FMB sketches, were prepared. Accused Nos. 1 and 2, as part of the conspiracy, induced the bank officials and got the credit facility sanctioned. Accused No.4 contacted one N.M.S. Shaikh Mohammed and A. Nasar (accused Nos. 7 and 8, respectively) in order to fraudulently represent them as the owners of the property to produce the forged documents in the Bank and to sign the necessary documents to create an equitable mortgage over a non- existent property. As a result of the conspiracy, the bank suffered a loss of Rs.80 Lakhs and accused Nos. 1 and 2 obtained unlawful gain to the tune of Rs.80 Lakhs.

Registration of FIR and Investigation

3. On 16.03.2024, the Inspector of Police, CBI,SPE, Cochin, registered FIR No.RC10(A)/2004- CBI/KER against Sri. V. Hariharan, Divisional Manager, Canara Bank, Sri. T. Baby, Manager, Canara Bank and six others alleging offences under Sections 120B r/w 420, 467 and 471 IPC and Section 13(2) r/w 13(1)(d) of the PC Act, 1988. The Inspector of Police, CBI, submitted the FIR before the Court of the Special Judge (SPE/CBI)-I, Ernakulam, on 16.03.2004. In the investigation, it was found that no public servants were involved in the crime, and therefore, no offence under Section 13(2) r/w 13(1) (d) of the PC Act was revealed. The Investigating Officer submitted a report deleting respondent Nos. 1 and 2, the bank officials, from the array of accused and the offences under the PC Act from the FIR. The ranks of the accused in the FIR were rearranged.

3.1 The Investigating Officer initially submitted the Final Report before the Special Judge (SPE/CBI)-I, Ernakulam. The learned Special Judge returned the Final Report, instructing the Investigating Officer to submit the same before the jurisdictional Court. The Investigating Officer thereafter submitted the Final Report before the Chief Judicial Magistrate’s Court, Ernakulam.

Proceedings before the Chief Judicial Magistrate’s Court, Ernakulam

4. Based on the Final Report, the Chief Judicial Magistrate took cognizance of the offences under Sections 120B, 420, 467, 468, 471 and 472 of the Indian Penal Code against the accused and numbered the case as C.C.No.110 of 2005. All the accused appeared before the Chief Judicial Magistrate.

Tender of Pardon to accused Nos. 7 and 8

5. The Chief Judicial Magistrate, as per order dated 20.12.2005 in Crl.M.P.No