Code of Criminal Procedure, 1973 – s.482 – Quashing of proceedings – On default of borrower to repay the loan to the bank, issuance of auction notice for mortgaged immovable property – Respondent no.2, de-facto complainant, purchased the property in the public auction – Subsequently, complainant came to know that the property was already acquired by the Tamil Nadu Housing Board – Complainant filed a complaint and FIR was registered under various sections of Penal Code wherein Branch Manager of the bank and appellant-Manager of Head Office arrayed as the accused – Chargesheet filed and the magistrate took cognizance – Thereagainst, the appellant filed application u/s.482 for quashing of proceedings – High Court held that prima facie case made out against the appellant – Correctness:
Held: Right from the initiation of the auction process to the issuance of sale certificate, no direct involvement of the appellant can be seen as he was not the authorized officer during the said period – Appellant had no role to play in the transaction leading to the FIR as he was not a signatory to the sale certificate – Since the appellant was neither the authorized officer at the relevant time nor responsible for the auction process or issuance of the sale certificate, the allegations against him are baseless and do not attract criminal liability – Continuation of the instant criminal proceedings against the appellant would lead to abuse of process of law, cause miscarriage of justice and inordinately harass the appellant who has been implicated without due cause – Impugned order set aside. [Para 18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.