VISHWANATHA TANTRI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Crpc, seeking quashing of complaint case, filed in the Court of Metropolitan Magistrate, new Delhi and consequential FIR No. 705/06 under various Sections of indian Penal Code with P. S. Sarita Vihar.

(2.) THE brief facts of the case, as per the allegations made in the complaint/fir are that the petitioner, in connivance with other co-accused persons had formed an illegal syndicate with some borrowers/brokers and got the loan sanctioned from respondent No. 3 on the basis of fabricated documents and on furnishing false material information and had illegally misappropriated the money of respondent No. 3 and have made wrongful gains for themselves and have caused wrongful losses to respondent No. 3.

(3.) IT has been further alleged in the complaint that the petitioner and other accused were required to verify and scrutinise the genuineness of borrowers and after complying with the formalities were required to recommend their cases to respondent No. 3 at its head office for approval, sanction and disbursement of loans and they were responsible for inspection of the works in progress to which the loan related, prepare technical reports, collect EMIs and sent the same to respondent No. 3 at its head office and they were basically co-ordinators between borrowers and respondent No. 3. The complaint related to the specific case of sanction and disbursement of loan in respect of properties situated in Karnataka. The complaint was filed before the Court of Magistrate and the Magistrate decided to call for an action report from the respondent No. 2. Respondent No. 2, on the directions of the court, made a preliminary inquiry into the complaint, and submitted the report stating that no part of the alleged offences had taken place at delhi.