THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7178 OF 2021

O R D E R:

This Criminal Petition is filed by the petitioner/A-5, seeking to quash the proceedings in C.C.No.9379 of 2021, on the file of XII Additional Metropolitan Magistrate, at Nampally, Hyderabad.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The allegation against the petitioner is that, being a counsel for the bank, he colluded with other accused, who approached the bank for a loan and gave an incorrect opinion. The bank relied upon the opinion and granted loan. It was found that the legal opinion was incorrect and deliberately given in order to cause wrongful gain to other accused, resulting in wrongful loss to the bank.

4. Learned counsel for the petitioner submits that the role of the petitioner is only to verify the title based on the documents submitted by the bank, and it is the duty of the bank to verify the identity of the borrower before releasing the loan. Further, the petitioner is an Advocate, and on the basis of opinion given, he cannot be made liable along with the person who allegedly defrauded the bank.

5. The allegation is one of conspiracy. There would be no direct evidence to infer conspiracy. However, the circumstances of a given case would reflect conspiracy or otherwise. On the basis of documents and circumstantial evidence that would be adduced during the trial, the inference of complicity of the petitioner can be determined.

6. Since the allegation against the petitioner is that he had colluded with A-2 and A-3, private parties, and caused wrongful loss to the bank by giving a false report, though the property was not genuine, the proceedings against the petitioner cannot be quashed. The defense taken by the counsel can be agitated before the Court below.

7. However, the attendance of the petitioner herein is dispensed with, subject to the following conditions:

i) Petitioner herein shall always be represented by his counsel on record.

ii) He shall file an affidavit stating that, in his absence, the proceedings conducted by his counsel will not be disputed by him in any manner, and he shall not dispute his identity also.

iii) He shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner’s failure to appear when the Court directs, this order dispensing with his attendance shall stand cancelled.

8. Accordingly, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J Date: 28.03.2025 dv