K. SRINIVAS RAO Vs. THE STATE

JUDGEMENT

(1.) THE petitioner has sought for quashing of the entire proceedings in Crime No. 146/2014 on the file of Sazar Bazar police station, Raichur registered for the offences punishable U/Sec. 403, 409 and 420 of Indian Penal Code.

(2.) THE brief facts that emanate from the records are that a person by name Bandayyagouda S/o. Narsappagouda in Raichur lodged a complaint that a person was working as Manager in Vijaya Bank and in fact the complainant took loan of Rs. 1,75,000/ - crop loan and Rs. 5,00,000/ - towards tractor loan. It is alleged that the Manager told that the complainant has been paying installments properly, therefore he can also avail another loan for diary purpose to the extent of Rs. 15,00,000/ -. In this context, it is alleged a project report was also prepared to the extent of Rs. 33,35,000/ - and the complainant has paid Rs. 8,35,000/ - towards marginal amount. He has also furnished legal opinion and other documents pertaining to 20 acres of land to be mortgaged to the Bank to obtain the further loan of Rs. 25,00,000/ -. It is alleged that thereafter the Manager started dragging on the proceedings but he did not returned the marginal amount, nor sanctioned loan. On the above allegations on 09 -07 -2014 the first information came to be lodged and police have started the investigation. The petition averment also disclose that the petitioner has left the place and now he has been residing at Kurnool District of Andhra Pradesh State and working as Manager in Vijaya Bank. He obtained anticipatory bail in connection with this case and he has already assisted the police to complete the investigation. It is contended that he has not received an amount of Rs. 8,35,000/ -, no receipt has been given by him when the Bank officials made attempts to recover the loan earlier granted in favour of the complainant, he come up with this false complaint after three years against the petitioner. Therefore the said allegations are false and there cannot be any investigation on false allegations.

(3.) LOOKING to the above said circumstances, when there are rival claims i.e. to say the complainant alleges that petitioner has received a sum of Rs. 8,35,000/ - and he did not return the same, but he has issued receipt to that effect and his loan papers were processed in the Bank. Therefore the petitioner -accused has committed the offences as alleged. On the other hand, the petitioner -accused claims that he has not received any amount from the complainant as alleged. No documents have been processed and no loan application has been filed by the complainant etc. These two rival contentions have to be thrashed out by the police by means of investigation as to whose claim is truthful and whose claim is false. The Court while exercising power U/Sec. 482 of Cr.P.C. cannot step into the shoes of Investigating Agency to find out truth or falsity of the allegations made by the parties against each other. The allegations made in the complaint, if it is un -rebutted during the course of investigation, whether it is sufficient to come to conclusion that those allegations constitute any offence under any penal of law for the time being in force, then the truth or falsity of such allegations have to be found out by the Investigating Agency. Therefore in my opinion when the allegations are there that the petitioner has cheated the complainant mis -appropriated the money given by him, whether it is true or it is to be proved thoroughly by investigation. Therefore I am of the opinion that it is too premature stage to interfere with the investigation.