ORDER

The petitioner / accused No.2 in CC.No.308 of 2016, on the file of the learned Judicial Magistrate No.1, Tirunelveli has filed this criminal original petition under Section 482 of CrPC to quash the proceedings pending against him in CC.No.308 of 2016.

2.At the instance of the 2nd respondent / defacto complainant, the respondent Police registered a case in Crime No.21 of 2014 and after completion of the investigation, filed a final report as against this petitioner and another for the offence punishable under Sections 197, 417, 418, 467, 468 and 420 IPC. The learned Judicial Magistrate No.I, Tirunelveli has also taken cognizance of the final report in CC.No.308 of 2016. Challenging the same, the petitioner / accused No.2, has filed this application to quash the proceedings pending against him.

3.The case of the prosecution is that the 1st accused was working as a Branch Manager in HDFC Bank at Palayamkottai Branch and the petitioner Sivakumar/ 2nd accused was working as a Manager in the Head Office at Thiruvananthapuram. In the year 2004, one Kannan availed a mortgage loan from HDFC Bank by mortgaging his immovable property in Survey No.145/1, (Plot No.96), situated in Keela Natham Village, Palayamkottai Taluk, Tirunelveli District. Since the borrower defaulted in repayment of the loan, HDFC Bank authorities initiated proceedings under the Securitistation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [in Short SARFAESI Act] in the year 2009 and auction notice was also issued on 22.05.2012 by the Head Office in the dailies. Subsequently, the defacto complainant participated in the public auction and she purchased the property for a sum of Rs.7,25,000/-. She had paid an advance amount of Rs.73,000/- on 29.05.2012. After completion of the auction process, she paid the remaining sale consideration of Rs.6,57,000/- on 20.06.2012 and Sale certificate was also issued on 10.07.2012. While so, when she approached the Sub Registrar, Palayamkottai to register the property in question, she learnt that the said property was already acquired by the Tamil Nadu Housing Board in the year 2003.

The accused by suppressing the acqusition of the property by the Tamil Nadu Housing Board, had sold the property to the defacto complainant in the public auction and thereby cheated her.

4.The petitioner is an Assistant Manager of HDFC Bank, Thiruvananthapuram Branch. One Kannan had availed housing loan of Rs.3,80,000/- from HDFC Bank in the year 2004 and mortgaged the title deeds of the property. Since the borrower failed to repay the loan amount, HDFC Bank initiated proceedings under the SARFAESI Act and took possession of the property in the year 2010. Thereafter the HDFC Bank published a auction notice in the newspapers on 23.05.2012 and pursuant to the auction notice, the 2nd respondent had participated in the public auction, and offered to purchase the property for a sum of Rs.7,30,000/-, the sale was confirmed on 23.06.2012 and possession was handed over to her on 10.07.2012. Thereafter on 14.11.2012 the 2nd respondent issued legal notice alleging that the property was sold in the public auction suppressing the encumbrance that the property was already acquired by the Tamil Nadu Housing Board in the year 2003.

She has also filed a petition before the District Consumer Redressal Forum, Tirunelveli in Con.OP.No.58 of 2013 against the Chairman, the Managing Director and the Senior Manager of the HDFC Bank. She has also filed the present complaint before the learned Judicial Magistrate No.I, Tirunelveli under Section 156(3) CrPC on 06.02.2014, which was referred for investigation to the 1st respondent Police. Accordingly the 1st respondent Police has registered a case in Crime No.21 of 2014 for the offence punishable under Sections 197, 417, 418, 467, 468 and 420 IPC on 15.07.2014 and has filed a final report for the offence punishable under Sections 197, 417, 418, 467, 468 and 420 IPC, as against this petitio