SATHYANARAYANA S. Vs. STATE

JUDGEMENT

(1.) The captioned petition is filed under Sec. 482 of Cr.P.C by accused No.1 and 2, who are officials of Kotak Mahindra Bank, seeking quashing of the FIR registered by Yeshwanthpur police station in Crime No.140/2016 for the offences punishable under Ss. 415, 417, 418 and 420 r/w Sec. 34 of IPC.

(2.) The facts leading to the case are as under: Respondent No.2 has lodged a private complaint alleging that though petitioner No.1 executed a sale certificate, he, being an authorized officer of ING Vysya Bank Ltd., failed to hand over physical possession of flat bearing No.ASF-5. It is further alleged in the complaint that the petitioners failed to hand over the original title deeds pertaining to flat No.ASF-5 despite respondent No.2 being successful bidder in an auction conducted by the petitioners, though entire sale consideration was paid pursuant to acceptance of the bid.

(3.) On registering the private complaint, the jurisdictional magistrate referred the matter for investigation under Sec. 156(3) of Cr.P.C and respondent No.1, on receipt of direction, registered FIR in Crime No.140/2016 for the offences punishable under Ss. 415, 417, 418 and 420 r/w Sec. 34 of IPC.