Crl.O.P(MD)No.21417 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED On: 23.07.2021

PRNOUNCED On : 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

Crl.O.P(MD)No.21417 of 2016 and

CrlOP(MD)No.10979 of 2016

Sivakumar

: Petitioner / Accused

Vs.

1.The Inspector of Police,

City Crime Branch,

Tirunelveli,

Tirunelveli District.

[Crime No.21 of 2014]

: Respondent / Complainant

2.Rajammal

: Respondent /

De facto complainant

Prayer: Petition filed under Section 482 of the Criminal

Procedure Code, to call for the records pertaining to the

case in CC.No.308 of 2016 on the file of the Judicial

Magistrate No.1, Tirunelveli and quash the charge sheet and

consequential all further proceedings as against the

petitioner.

For Petitioner : Mr.D.Shanmugaraja Sethupathi

For Respondent : Mr.T.Senthil Kumar

No.1

Additional Public Prosecutor

For Respondent : Mr.V.Sasi Kumar

No.2

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Crl.O.P(MD)No.21417 of 2016

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 2^nd 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 1^st accused

was working as a Branch Manager in HDFC Bank at

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Crl.O.P(MD)No.21417 of 2016

Palayamkottai Branch and the petitioner Sivakumar/

2^nd 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.

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Crl.O.P(MD)No.21417 of 2016

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 S