GIRISH RAJ Vs. STATE OF KARNATAKA AND ANOTHER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Perused records .

(2.) This petition is filed seeking for quashing of the FIR No. 108/2017 registered by Basavanagudi Police against the petitioner and others for the offences punishable under Sections 406, 420, 471 and 468 of IPC.

(3.) A careful perusal of the complaint averments filed by one Sri. Venkatesh, who is the Manager of the 2nd respondent-Charan Souhardha Co-Operative Bank Ltd. (for short, "Bank") herein reveals that, one Sudhamani P.R. (Accused No. 1) has obtained loan from the 2nd respondent-Bank stating that she has lost the original documents pertaining to her property bearing katha No. 88/3, House List No. 19 (old) and new No. 347 situated at Kathriguppe Village, Uttarahalli Hobli, Bengaluru South Taluk, and on the basis of original documents and by saying so, she obtained loan from the 2nd respondent- Bank. It is further alleged that after taking the loan, the said Sudhamani has sold the said property in favour of the petitioner by name Sri. Girish Raj and in turn, he took loan from Millanium Co-operative Society and thereafter, he sold the property in favour of one Mayanna on 27.06.2016 by a registered sale deed. It is alleged that when the loan taken by Sudhamani from the 2nd Respondent-Bank was still pending, the said Sudhamani, in order to defeat the rights of the 2nd Respondent-Bank has sold the said property in favour of Girish Raj. Therefore, the complainant-Venkatesh M.V., lodged a complaint including the petitioner as also one of the accused, who is arraigned as Accused No. 2.