PATNA, India, July 9 -- Patna High Court issued the following judgment on July 3:

Heard learned Senior Counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.

2. The present application has been preferred under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), by the petitioner assailing the order taking cognizance dated 18.03.2019 passed by the Additional Chief Judicial Magistrate, Patna City, whereby the learned Magistrate has taken cognizance against the petitioner for the offence under sections 419, 420, 467, 468, 471, 120-B read with section 34 of the Indian Penal Code ( for short 'I.P.C.') in connection with

3. The case of the prosecution, in brief, relevant for the present application is that the informant - Deepak Kumar had made a written complaint before the officer-in-charge of the Agamkuan Police Station on 05.03.2017 stating therein that he has a joint property with his elder brother namely, Jai Shankar Singh situated at Anand Path, Kati Factory Road, Patna and that the elder brother of the informant had formed/incorporated a firm in the name of 'Maa Vaishno Sales' in which his elder brother had made his wife Sunita Devi (bhabhi of the informant) as the proprietor of the aforesaid firm. It was alleged by the informant that his brother and bhabhi had conspired with the present petitioner, who was the Branch Manager of Punjab National Bank, Kati Factory Road, Patna, to sanction a Cash Credit ( for short 'CC') Loan (Business Loan) in favour of the firm to the tune of rupees One Crore and Thirty Lakhs, for which the joint property was mortgaged without the signature or the consent of the informant in flagrant misuse of her post.

3.1. It is further alleged that after the loan was sanctioned, the accused persons had distributed the amount amongst themselves. Upon learning about the sanction of the loan, the informant met with his brother and his wife on 05.02.2017 asking them to repay the loan however, they not only refused to repay the aforesaid loan but also stated that they are not concerned even if the mortgaged property is auctioned by the bank. Based on the written complaint of the informant, Agamkuan P.S. Case No.99 of 2017 was lodged against the accused persons including the present petitioner.

4. After investigation, the Police submitted charge-sheet against the accused persons including the present petitioner under sections 419, 420, 467, 468, 471, 120B read with section 34 of the I.P.C. and thereafter vide the impugned order dated 18.03.2019 cognizance of the offences under aforesaid mentioned section was taken.

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Disclaimer: Curated by HT Syndication.