INDIAN BANK Vs. SPAN FLORITECH PRIVATE LIMITED

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioners arraigned as Accused Nos. 1 to 3 in PCR No.11969/2009 on the file of IV-Additional C.M.M., Bangalore, have sought for quashing the entire proceedings in the said case and consequential FIR registered by the police on 11.07.2009 in Crime No.262/2009 of Ashoknagar police station.

(2.) Respondent No.1 filed a private complaint alleging the offences punishable under Sections 120-B, 409, 420, 465, 468, 471 r/w. 34 of I.P.C. against these petitioners inter alia alleging that, petitioner Nos. 2 and 3, as officers of the 1st accused-Bank, for the purpose of filing the claim for recovery of money against the complainant before the Debt Recovery Tribunal (for short, 'DRT'), Bangalore, have produced forged and created Acknowledgement of Debt to bring the claim within the period of limitation and thereby they have committed the aforesaid offences.

(3.) The learned Magistrate before whom the complaint was presented, referred the complaint for investigation to the police under Section 156(3) of Cr.P.C., based on which, Ashoknagar Police registered the case in Crime No. 262/2009 and took-up investigation. On coming to know of the same, the petitioners have presented this petition