SEEMA BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash Annexure-I final report in C.C.No.86/2015 on the file of CJM Court, Ernakulam, invoking Section 482 of the Cr.P.C.

(2.) She is the third accused and was an accountant in NPR Financiers, Ernakulam branch, during the period from 2009 to 2013. Crime No.310/2014 was registered against the petitioner and two others at the behest of the second respondent, the de facto complainant who is the present Manager of the Company. The main business of the NPR Financiers is to sanction hypothecation loans for purchase of vehicles to the needy customers. The allegation against the accused persons in Annexure-I final report is that they together sanctioned loans in violation of the parameters prescribed by the Company for granting advances and further, the existing loan accounts in the names of various customers were pre-closed for lesser amounts causing loss to the Company and thereby misappropriated the amounts for their own purposes. The gist of the allegation is that the petitioner and co-accused fabricated termination letters forging the seal and signatures of the authorised officials of the Company and making use of them, the accounts of customers were closed for lesser amounts. It is also stated that loan accounts of about 36 customers were similarly closed and an amount of Rs.18,19,195/- were misappropriated.

(3.) The petitioner's contention in support of quashing the final report is that she did not have any role in the alleged crime and there are no materials also to establish that she was involved in the process of either sanctioning the loans or alleged pre-closing of the accounts. She only carried out the directions given by the superiors which she was bound to do and nothing more. Further it is contended on her behalf that no materials were gathered by the Investigating Officer to make out that she ever had any role in the alleged fabrication of termination letters and joined hands with the co-accused.