ICICI BANK Vs. THE STATE

JUDGEMENT

(1.) ACCUSED in Crime No. 260/2009 registered with Thilaknagar Police Station, pending on the file of II ACMM Court, Bangalore, have come up in this petition seeking quashing of the aforesaid criminal proceeding which is registered for offences punishable under Sections 177, 182, 191, 199 and 500 of IPC.

(2.) ADMITTEDLY , the complaint in Crime No. 260/2009 is registered pursuant to a private complaint filed by second respondent herein in PCR. No. 8344/2009 on the file of II ACMM Court, Bangalore. It is the case of complainant that he is a constituent of ICICI Bank, petitioners herein, having a SB account in his name bearing No. 005301519122; that the petitioner -Bank having represented by it's the then Manager Mr. Simon Panes Dasari furnished falsified information with reference to the transaction said to have made by him for the financial year 2005 - 2006 by filing annual information returns to Income -Tax Department indicating that the complainant holds a credit card with petitioner -bank, through which he is said to have transacted in the year financial year 2005 -2006 to the tune of Rs. 1,11,00,657/ -; that the said information was furnished to the Income -Tax department on 13.11.2006 and subsequently on 2.11.2007 and 2.10.2009; that he furnished the information and clarified it on three occasions as if the transaction was done by him to the aforesaid tune of amount; that as on that date the amount that was available in his deposit was far less and he was assessed to income at Rs. 1,21,563/ - for the corresponding assessment year 2006 -2007 as per the declaration furnished to the Income -Tax department; and that he had declared the same before the Income -Tax Officer, Ward No. 4(1), 5th Floor, Unity Building Annex, Mission Road, Bangalore 27.

(3.) HEARD the learned Counsel for petitioners as well as Additional SPP appearing for respondent No. 1, who is seized of investigation in to the complaint, which is filed by second respondent. Perused the material available on record. On going through the same, it is seen that there is admission on record by the petitioners to the effect that they have furnished information to the Income -Tax department as if second respondent -complainant had maintained a credit card with the bank, when in reality he was not having the facility of credit card from the petitioner -bank and he did not conduct any transaction as reflected by the bank in its annual information report submitted to the Income -Tax department. It is also on record in the form of letter dated 20.2.1996 in response to legal notice dated 13.1.2009, the letter dated 26.10.2009 and another letter dated 20.12.2013 produced this day in to the Court by the learned counsel for petitioner, which clearly discloses the admission on the part of petitioners, more particularly, the then manager Mr. Simon Panes Dasari in falsely furnishing the alleged information regarding the alleged transactions said to have conducted by second respondent, when factually said transactions not being traceable to second respondent in the records, books of accounts and other correspondence maintained by petitioner -bank in their usual day -to -day banking transaction for the assessment year 2005 -2006 and thereafter. Though such an admission of their guilt in furnishing false information to the Income -Tax department against second respondent is available on record, the petitioners have come up with the present petition seeking quashing of the proceeding on the ground that under Section 195 of Cr.P.C., it is not for the second respondent to complain against the petitioners and even assuming that petitioners have furnished false information to Income -Tax department, it is the recipient of the information, namely the Income -Tax department, who should have filed the complaint.