DSB BANK INDIA LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a banking company registered under the Companies Act 2013, having its registered office in New Delhi, Corporate Office in Mumbai, and branches all over India. The petitioner Bank is engaged inter alia in the business of extending financial facilities to customers under various finance schemes including Jewel Deposit Loan (for short, 'JDL') through outsourcing agencies for sourcing different types of loans from prospective customers.

(2.) The Vatakara Police Station registered Ext.P3 F.I.R. as Crime No.880/2024 against one Madhajayakumar, who was the Branch Manager of Bank of Maharashtra, Vatakara Branch for the offence under Sec. 409 of the IPC alleging that he replaced 26,244.20 grams of gold jewels worth Rs.17,20,35,717.00 in 42 accounts with counterfeit gold jewels, that had been pledged for obtaining loans by customers of Bank of Maharashtra. After the registration of the crime, the Vatakara police conducted a search and seizure on the premises of the petitioner Bank, Tiruppur Branch and Kanagayam Road Branch, on 22/08/2024, 23/08/2024, 08/10/2024, and 09/10/2024 and seized gold jewels worth more than Rs.5.98 crores, on the ground that those gold jewels are 'stolen property' and are the subject matter of Crime No.880/2024. According to the police, some portion of the gold jewels misappropriated by the accused in Crime No.880/2024 have been pledged by the customers to the petitioner bank and availed JDL facility. Pursuant to the said search and seizure, the petitioner Bank approached the Tiruppur police station in Tamil Nadu and filed a complaint seeking registration of F.I.R. against its 56 customers who pledged the gold jewels and availed JDL facility for the offences of criminal conspiracy and cheating. When there was no response, the petitioner Bank made a complaint to the Commissioner of Police, Tiruppur. However, the Commissioner of Police refused to register F.I.R. and directed the petitioner Bank to approach Vatakara Police Station for redressal of their grievances on the ground that Ext.P3 F.I.R. had already been registered. Ext.P1 is the communication given by the Commissioner of Police in this regard. The petitioner Bank thereafter approached SHO, Vatakara Police Station vide Ext.P4 complaint dtd. 11/10/2024 seeking registration of F.I.R. for offences of cheating, criminal breach of trust, forgery, and criminal conspiracy under Ss. 318(4), 319(2) r/w 61(2) of the Bharatiya Nyaya Sanhita (for short, 'the BNS'). Since there was no response from the SHO, Vatakara, the petitioner Bank approached the Superintendent of Police (Rural), Kozhikode on 15/10/2024. Still, there was no response. The petitioner Bank then filed Ext.P6 application before the Judicial First-Class Magistrate Court, Vatakara, invoking Sec. 173(4) r/w Sec. 175(3) of Bharatiya Nagarik Suraksha Sanhita (for short, 'the BNSS') seeking registration of F.I.R. The learned Magistrate, as per Ext.P7 order, returned the application on the grounds of lack of jurisdiction. It was found that the Tamil Nadu Police Station has the jurisdiction to deal with the offence of cheating. This writ petition has been filed challenging Ext.P7 order. There is a further prayer to direct the SHO, Vatakara Police Station to register the F.I.R. on the basis of the complaint preferred by the petitioner Bank, or in the alternative, to add the wrongdoers as additional accused in FIR bearing Crime No. 880/2024.

(3.) I have heard Sri. Anshuman Sinha, the learned Senior counsel, as instructed by Sri. Ramakrishnan M.N., the learned counsel appearing for the petitioner Bank and Sri. P. Narayanan, the learned Senior Additional Public Prosecutor.