AMEMAR ABDUL RAZAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present revision petition is filed by accused No.1 challenging the order passed by the Additional Civil Judge and JMFC., Bantwal, Dakshina Kannada on the application filed under Section 239 of Cr.P.C. to discharge accused No.1.

(2.) I have heard the learned counsel for the petitioner-accused No.1 and the learned HCGP for the respondent-State.

(3.) The brief facts of the case are that the complainant-State Bank of Mysore filed a private complaint alleging that accused Nos.1 and 2 approached the complainant-Bank on 7.12.2005 to get loan of Rs.3,77,000/- for the purpose of purchase of used TOYOTA QUALIS vehicle bearing Regn.No.KA-18-N-3125 and they also furnished necessary documents in favour of the bank. Thereafter, it came to the notice of the bank that the said documents produced by accused Nos.1 and 2 are forged and fake documents. After hearing the learned counsel for the complainant, the Court directed the police to investigate the matter and submit a report. After investigation, police filed the charge sheet as against accused Nos.1 and 2. Thereafter accused Nos.1 and 2 appeared before the Court and accused No.1, the present petitioner filed an application under Section 239 of Cr.P.C. to discharge him. After hearing the learned counsel appearing for the parties, the said application came to be dismissed. Challenging the same, accused No.1 is before this Court.