Criminal Petition No. 101794/2014. Case: Raghavendra and Ors. Vs The State of Karnataka and Ors.. High Court of Karnataka (India)

Case NumberCriminal Petition No. 101794/2014
CounselFor Appellant: P.G. Mogali, Adv. and For Respondents: V.M. Banakar, Addl. SPP
JudgesBudihal R.B., J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 482; Indian Penal Code 1860, (IPC) - Sections 34, 419, 420
Judgement DateMarch 30, 2017
CourtHigh Court of Karnataka (India)


Budihal R.B., J.

  1. This petition is filed by the petitioners/accused Nos. 1, 2 and 3 under Section 482 Cr.P.C. Being aggrieved by the initiation of the proceedings in C.C. No. 186/2014 on the file of learned Civil Judge and JMFC, Kushtagi, and the order dated 08.07.2014 passed in the said criminal case.

  2. Brief facts of the case as pleaded in the petition are that petitioner No. 1 has been working as the Chief Executive Officer of The Urban Co-operative Bank Limited, Hanumasagar and petitioner Nos. 2 and 3 are functioning as President and Vice-President in the Managing Committee of the said Bank. Respondent No. 2 approached the Bank for the purpose of availing the loan facility for business purpose. Annexures-A to K are the loan application and the other documents. The said application along with applications of other loan applicants were placed before the loan sanctioning committee, which passed a resolution sanctioning loan to several applicants as per Annexure-L. The entire loan amount has been credited to the S.B. Account of respondent No. 2. Annexure-M is the statement of S.B. Account of respondent No. 2. As a guarantee for the said loan, respondent No. 2 has furnished his agricultural lands as security and charge has been kept on those properties. It is further pleaded that respondent No. 2 has withdrawn an amount of Rs. 9,63,725/- on 20.04.2011. Annexure-N is the withdrawal slip submitted by him under his signature. After the loan amount was withdrawn, respondent No. 2 has not made any repayment towards the discharge of the same and he became defaulter. Consequently, defaulter notice dated 27.01.2012, 16.10.2012 and 24.01.2013 was given to respondent No. 2. Annexures-P. 1 to P-3 are the copies of the notice. However, the loan was not cleared. Therefore, the dispute came to be raised before the Joint Registrar of Co-operative Societies, Hubli. Pursuant to the dispute, the notice was issued to respondent No. 2 and award dated 16.03.2012 came to be passed as per Annexure-Q. Respondent No. 2 has been served with the notice of the award. Thereafter, caveat petition dated 16.05.2013 was filed and copy of the caveat was sent to respondent No. 2. Pursuant to the award, E.P. was filed by the Bank and in that E.P., the notice of attachment dated 24.05.2013 was issued to respondent No. 2 as per Annexure-R. In spite of it, respondent has not paid any amount towards the discharge of the loan. These being the factual and legal position...

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