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 Nat