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 DateThursday March 30, 2017
CourtHigh Court of Karnataka (India)

Order:

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 It is further pleaded that respondent No. 2 has withdrawn an amount of Rs. 9,63,725/- on 20.04.2011.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...

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